Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4035 of 2021 Applicant :- Santosh Kumar Mishra Opposite Party :- Sri Ajay Kumar Katiyar, Tehsildar Rajapur District Chitrakoot Counsel for Applicant :- Arvind Kumar Mishra,In Person
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 03.02.2021 passed in Writ Petition No. - 3319 of 2021 (Santosh Kumar Mishra Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed with a prayer that the respondent no. 2 be directed to decide Case No. 01143 of 2017 (Report Lekhpal vs. Sukhmanta Devi) within stipulated period.
It is submitted that the objections etc. have already been filed and the order-sheet reflects that the case is pending for arguments.
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2-Tehsildar, Rajapur, Chitrakoot to expedite the hearing of the aforesaid case and decide the same, in accordance with law, expeditiously, preferably within a period of two months from the date of production of a self verified copy of this order before him, which may be verified from the official website of this Court provided there is no other legal impediment and lawyers are not abstaining from work.
A reference may also be made to the judgments of this Court in the cases of Chandra Bali vs. Additional Commissioner and others 2012 (4) ADJ 13 and Radha Devi vs. State of U.P. and others 2016 (6) ADJ 753 wherein directions for time bound disposal of such cases have been given and provisions of U.P. Janhit Guarantee Adhiniyam, 2011 have been considered.
With the aforesaid observations/ directions, the present petition is finally 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 four 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 :- 24.9.2021 saqlain