Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4171 of 2021 Applicant :- Salagu Yadav And Another Opposite Party :- Sri Prem Chand Srivastava, Assistant Collector / Tehsildar Counsel for Applicant :- Kamlesh Shrama
Hon'ble Prakash Padia,J.
The applicants have preferred the present contempt application for non- compliance and willful disobedience of the judgement and order dated 18.04.2019 passed in Writ Petition No. 13502 of 2019 (Salagu Yadav And Another Vs. State of U.P. and others). The operative portion of aforesaid order is quoted below:-
"It is accordingly ordered that the Assistant Collector/Tehsildar, Tehsil Ghosi, District, Mau will proceed to decide the pending mutation case of the petitioner strictly in accordance with law, considering the notification dated 13.06.2005 and deposit made by the petitioner, within a period of eight weeks from the date of production of certified copy of this order after hearing all affected parties concerned, including the Gaon Sabha and the State.
This petition is disposed of in terms of the above orders."
Learned counsel for the applicants submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but till date no decision has been taken by the Assistant Collector/Tehsildar, Tehsil Ghosi, District, Mau and the opposite party has 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 six weeks from the date of production of a certified 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 :- 30.9.2021 saqlain