Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3539 of 2021 Applicant :- Shyam Kishor Opposite Party :- Chandra Shekhar, Sub Divisional Magistrate Counsel for Applicant :- Rahul Mishra,Sanjay Mishra
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 08.01.2021 passed in Writ C No.26358 of 2020, which for ready reference is quoted as under:-
"1. Solitary grievance of the petitioner appears to be that his Misc. Case No. T201816670601349 of 2017 (Shyam Kishor Vs. State of U.P.), filed under Section 38(1) of U.P. Revenue Code, 2006, before respondent no.1- Upziladhikari, Tehsil-Aurai, Disrict-Bhadohi, has remained pending for very long.
2. Without entering into the merits of the case, the present writ petition is disposed of with a direction to the respondent no.1-Upziladhikari, Tehsil-Aurai, Disrict-Bhadohi, to decide the aforesaid case, as expeditiously as possible, strictly in accordance with law, preferably within a period of three months from the date of production of a copy of this order, if there is no legal impediment provided the petitioner does not seek any adjournment during that period and cooperates in the proceedings. "
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 six weeks 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 :- 23.9.2021 Pramod Tripathi Digitally signed by PRAKASH PADIA Date: 2021.09.24 13:59:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad