Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4705 of 2021 Applicant :- Satan Deo And 19 Others Opposite Party :- Sri A.R. Farooqi, S.D.M Tamkuhiraj, Kushi Nagar Counsel for Applicant :- Sanjay Kr. Srivastava,Om Prakash Yadav
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 30.06.2021 passed in Writ Petition No. 13348 of 2021 (Satan Deo And Others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard Sri Adarsh Bhushan, learned counsel for the petitioners and learned Standing Counsel for the State respondent.
Petitioners are before this Court with a request commanding the respondents not to restrain the petitioners' possession of their respective patta land in terms of U.P. Imposition of Ceiling on Land Holdings Act 1960. Alternatively prayer is made to direct the third respondent to decide the representation dated 10.3.2021 within reasonable time.
Learned counsel for the petitioners submits that for redressal of their grievance, petitioners have already made a detailed representation to the third respondent on 10.3.2021, which is pending for consideration.
Learned Standing Counsel very fairly that in case any such representation is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally asking the petitioners to move a fresh representation/objection before the competent authority ventilating their grievance within a week's time from today and in case any such representation is being preferred, definitely, the authority would proceed to decide it strictly in accordance with law, as expeditiously as possible and preferably within six weeks thereafter but certainly after affording opportunity to all stakeholders in the matter. Till disposal of the representation/objection, the parties shall maintain status quo qua to the property in dispute as on date.
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 persons (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 computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. "
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.
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 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 :- 25.10.2021 saqlain Digitally signed by PRAKASH PADIA Date: 2021.10.27 16:22:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad