Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4790 of 2021 Applicant :- Ranjeet Singh Opposite Party :- Sri Sumit Singh Counsel for Applicant :- Raj Kumar Pandey
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 27.02.2020 passed in Writ Petition No. 6988 of 2020 ( Ranjeet Singh Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner.
The present writ petition has been filed by the petitioner praying for a writ of mandamus directing respondent no.4, Tehsildar, Hatta, Kushinagar to decide Revenue Suit No.3168 of 2019 and computerized Case No.T201905440203168 (Jayant Prakash and others vs. Kalpraj Kumari), under Section 35 of U.P. Revenue Code, 2006.
The Tehsildar, Hatta, Kushinagar is directed to decide the aforesaid case within a period of six months from the date a certified copy of this order is produced before him after hearing the concerned parties in case there is no legal impediment in deciding the aforesaid case.
With the aforesaid direction, the writ petition is disposed of.
It is clarified that the Court has not expressed any opinion regarding the claim of the petitioner."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 saqlain