Heard learned counsel for the applicants.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 18.2.2021 passed in Writ C No.4515 of 2021, which for ready reference is quoted as under:-
"Heard Sri Arvind Kumar Srivastava for the petitioners, learned Standing Counsel for respondent no. 1 and 2 and Sri Baleshwar Chaturvedi for respondent nos. 3 to 5.
Petitioners have approached this Court seeking a writ of mandamus to command the respondent authority to install the electric poles for running the 2,32,000 high voltage current, away from the residential house of the petitioners.
It is contended that if such high voltage line is allowed to run near the residential house of the petitioners, it may cause threat to the life of the petitioner and their family members. Under the Works of Licensees Rules, 2006, if the owner or the occupier of the building or the land has any objection to the works to be carried out, he can always raise such objection before the District Magistrate or the Commissioner or any other authorised officials of the State in this regard and if sufficient cause is shown, the authority may direct removal of such high tensions or electric poles or make necessary alterations in the installation of such electrical equipments.
Since the petitioners have an efficacious remedy available of approaching the authority for their grievance, we dispose of the writ petition by giving an opportunity to the petitioners to make an application before the District Magistrate, concerned raising their grievance. If such application is made, the District Magistrate shall decide the same by a reasoned and speaking order as expeditiously as possible, preferably within six weeks from the date receipt of this order, in accordance with law, under intimation to the petitioner. "
Learned counsel for the applicants 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 four weeks from the date of production of a copy of this order.
The applicants 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 applicants 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 applicants 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 applicants 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 petitioners 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 :- 24.8.2021 Pramod Tripathi