Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3086 of 2021 Applicant :- Sachchida Nand Singh Opposite Party :- Sri Rajeev Singh, Consolidation Officer Counsel for Applicant :- S.B.Singh
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 04.01.2020 passed in Writ Petition No. - 1701 of 2020 (Sachchida Nand Singh Vs. Consolidation Officer And 18 Others ). The aforesaid order is quoted below:-
"The only prayer made by Sri Anil Kumar Pandey, learned counsel for the petitioner is that the Case No. 2170 (Matrook Versus State) pending before the Consolidation Officer, Kshetra Ratanpura District Mau may be decided within stipulated period of time.
Learned counsel for the petitioner contends that the matter was posted for final hearing in the year 2016. Several dates were fixed for hearing but final hearing has not taken place.
A perusal of the order sheet, particularly the orders dated 3.10.2016, 27.10.2018 and 27.12.2018 corroborates the submission of the learned counsel for the petitioner.
The matter has been pending before the Consolidation Officer since the year 2014. Perusal of the order sheet shows that the final decision in the matter has been inordinately delayed for no good reason.
In the light of the preceding discussion, the matter is remitted to the respondent no. 1 Consolidation Officer, Kshetra Ratanpura district Mau.
A writ in the nature of mandamus is issued commanding the respondent No. 1 Consolidation Officer, Kshetra Ratanpura district Mau to execute the following directions:
(1) The respondent No. 1 Consolidation Officer, Kshetra Ratanpura district Mau shall decide the Case No. 2170 (Matrook Versus State) within a period of four months from the receipt of copy of this order downloaded from the official webside of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. 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.
(2) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(3) All parties to the lis are directed to cooperate with the proceeding before the Consolidation Officer, Kshetra Ratanpura District Mau.
(4) In case the parties do not cooperate in the proceedings before the Consolidation Officer, or adopt dilatory tactics the Consolidation Officer shall record a findings to this effect and proceed in accordance with law.
(5) The respondent No. 1, Consolidation Officer, Kshetra Ratanpura District Mau shall proceed on day to day basis, if required, to ensure that the above stipulated time line of four months for deciding the case is strictly adhered to.
The writ petition is disposed of. "
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 for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
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 :- 12.8.2021 saqlain