Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1224 of 2021 Applicant :- Smt Shakuntala Devi And Another Opposite Party :- Shri Surjeet Singh, S.D.M.
Counsel for Applicant :- Priyadarshini Shandilya,Himanshu Mishra
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 01.12.2020 passed in Writ C No. 18715 of 2020 (Shakuntala Devi and Another Vs. State of U.P. and 7 Others), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
Grievance of the petitioners is that despite the matter raised before the respondent nos. 3 and 4, they are not removing the encroachment made by the respondent nos. 7 and 8 over the land bearing Khasra Nos. 253 and 258 of Village Arthara, Tehsil Baberu, District Banda.
Learned Standing Counsel submits that the grievance of the petitioners shall be considered by the competent authority in the event an appropriate application is made by the petitioners before the respondent no.3.
Learned counsel or the respondent no.2 also made same submissions.
In view of the aforesaid, this writ petition is disposed of with liberty to petitioners to move an application before the respondent no.3 raising all their grievances, within three weeks along with copy of this order, and in the event such an application within the stipulated period is moved, following due procedure of law, the respondent no.3 shall consider it and pass an appropriate order in accordance with law after affording reasonable opportunity of hearing to all the parties concerned.
It is made clear that we have not expressed any opinion on merits of the case."
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 one month from the date of production of a copy of this order.
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 along-with 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 :- 30.7.2021 Swati