Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4436 of 2021 Applicant :- Sri Nitin Srivastava Opposite Party :- Sri Subhash Chandra Sachan, Executive Engineer ( Retd), Electricity Distribution And Another Counsel for Applicant :- Vishnu Kant Tiwari
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 order dated 05.01.2021 passed in Writ Petition No. 26870 of 2020 (Sri Nitin Srivastava Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Shri Ashutosh Dwivedi, learned counsel holding brief of Shri Pratik Chandra, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent and Shri Baleshwar Chaturvedi, learned counsel for the respondent nos.2 & 3.
The petitioner is before this Court for a direction to second respondent to provide electricity connection pursuant to the application of the petitioner in the premises of the institution namely Sri Satya Sai Institute of Pharmaceutical Science and Research and not to create any interference in the continuous supply of the electricity connection.
At the very outset, learned counsel for the contesting respondents submits that in case the application of the petitioner as per law is pending consideration, definitely the authority will proceed to take final call in the matter expeditiously.
Considering the facts and circumstances of the case, without adverting on the merit of the case and with the consent of the parties, the writ petition stands disposed of asking respondent no.2 to proceed in the matter and pass appropriate order expeditiously, preferably within a period of three weeks from the date of production of a copy of this order, but certainly after according opportunity to all the stake holders in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner 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."
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 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 two months 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 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