Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4570 of 2021 Applicant :- Shyamdhari Maurya Opposite Party :- Raj Kumar, Tehsildar Counsel for Applicant :- Upendra Kumar Rai
Hon'ble Prakash Padia,J.
Counsel for the applicant is permitted to correct the name of opposite party in the array of the parties.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 12.10.2020 passed in Writ C No. 32812 of 2019 (Shyamdhari Maurya Vs. State of U.P. and others), which for ready reference is quoted as under:-
"The present writ petition has been filed praying for a writ of mandamus commanding the revenue authorities especially the Tehsildar, Tehsil-Sadar, District-Azamgarh, i.e., respondent No. 4 to ensure removal of encroachment allegedly made over a road.
Vide order dated 17.10.2019, this Court had granted time to the Standing Counsel to seek instructions in the matter. However, today the Standing Counsel prays for further time to seek instructions in the matter. As the matter is pending since October, 2019 and relates to encroachment over a road and under Section 26 of the U.P. Revenue Code, 2006, the Tehsildar has the power to inquire and ensure removal of encroachment over the road, this Court is not inclined to grant further time to the Standing Counsel to seek instructions in the matter.
The petitioner may file appropriate application before the Tehsildar, Tehsil-Sadar, District-Azamgarh, bringing to his notice the necessary facts, who shall inquire into the same in accordance with law and ensure that appropriate action is taken depending on the decision taken by him on the application filed by the petitioner within a period of six months from the date the application is filed by the petitioner.
With the aforesaid direction, the writ petition is disposed of. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within two months 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 party 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 :- 25.10.2021 Swati