Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3022 of 2021 Applicant :- Sabhajeet Sharma Opposite Party :- Ms. Aryaka Akhoury, D.M.
Counsel for Applicant :- Virendra Kumar Mishra
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 28.01.2021 passed in Writ A No. 18059 of 2018 (Arun Kumar And 2 Others vs. State of U.P. And 3 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents no.1 and 4, Sri Pankaj Kumar Shukla, learned counsel appearing for respondent no.3 and Sri Amit Krishna, learned counsel appearing for respondent no.2.
The petitioner claims that he is the owner of plot no.462 in Village Kurauli, Tehsil Aurai, District Sant Ravi Das Nagar-Bhadohi.
It is submitted that the respondent no.3 for laying down the transmission line has utilized the land of the petitioner for erecting the transmission line tower. It is further submitted that according to the Government Order dated 6th September, 2018, filed as Annexure-3 to the writ petition, the compensation is to be paid to the land holders for the utilization of land apart from the compensation paid for the damages to the crop. It is also submitted that the damages to the crop have been paid to the petitioner but the land that has been utilized for erecting the tower that compensation has not been determined nor paid. It is also submitted that the District Magistrate is the competent authority to determine the compensation and the respondent no.3, upon such determination, will pay compensation to the petitioner.
The writ petition is disposed of with the direction to the District Magistrate, Sant Ravidas Ngar/Bhadohi-respondent no.4 to consider the claim of the petitioner and pass appropriate orders in accordance with law, as far as possible, within a period of four months from the date a certified copy of this order along with a fresh representation is presented before the authority concerned."
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 wilfully 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.
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 along-with 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 :- 16.8.2021 Swati