Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1211 of 2021 Applicant :- Sangeeta Devi Opposite Party :- Mahendra Bahadur Singh, Collector/D.M.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- S.C.
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 judgement and order dated 14.01.2020 passed in Writ C No.1141 of 2020 (Sangeeta Devi Vs. State of U.P. and 2 others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned counsel for the respondents.
This writ petition has been filed by the petitioner alleging that the petitioner's husband Avnish was an agriculturist who unfortunately died in an accident which had taken place on 25.05.2018 while he was going on his motorcycle from Bharthana to Mainpuri. An FIR was lodged on 25.05.2018 which was registered as Case Crime No.102 of 2019, under Section 304-A I.P.C. The petitioner has also annexed a copy of the death certificate (Annexure No.3 to this writ petition).
It is contended that the petitioner had filed an application for grant of compensation for the death of her husband in a road accident under the Mukhyamantri Kishan Avam Sarvhit Beema Yojana. However, the respondent no.3 Oriental Insurance Company has failed to take any decision till date.
In view of the above, we dispose of this writ petition with liberty to the petitioner to file an application before the respondent no.2 within a period of four weeks from today along with certified copy of this order. In case any such application/representation is filed by the petitioner before the respondent no.2 within a period indicated therein above, he shall summon the record pertaining to the petitioner's claim from the respondent no.3 and decide the same, as expeditiously as possible, preferably within a period of two months from the date of receipt of record from the respondent no.3 after affording opportunity of hearing to 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 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.
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 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 :- 19.8.2021 Pramod Tripathi