Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3066 of 2021 Applicant :- Sudhir Kumar Opposite Party :- Durgesh Yadav Tehsildar And 5 Others Counsel for Applicant :- Ajendra Kumar
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 19.12.2019 passed in PUBLIC INTEREST LITIGATION (PIL) No. - 2443 of 2019 (Sudhir Kumar Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner, Shri Manu Singh for the Gaon Sabha and learned Standing Counsel for the State-respondents.
Petitioner complains of encroachment by respondents over plot no. 281 recorded as a road in the revenue records.
Sections 25 and 26 of the U.P. Revenue Code, 2006 empower the Tehsildar concerned to take cognizance of encroachments over roads and public pathways. He is also competent to ensure removal of encroachments under the same provision.
This is a statutory remedy available to the petitioner in the facts and circumstances of the instant case.
Under the circumstances, this PIL is disposed of directing the petitioner to approach the Tehsildar along with an application as also the certified copy of this order within a period of two weeks from today.
In case, the application and certified copy of this order are filed before the Tehsildar within the time specified above, it is expected that appropriate orders and consequential action shall be taken by him preferably within a period of three weeks, thereafter. "
From perusal of the record it appears that in pursuant to the order of this Court, a letter was written by Block Development Authority, Sankreet, Etah to Tehsildar Etah on 03.02.2021.
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties. It is argued that despite the aforesaid letter, no action was taken by the Tehsildar Etah, thus, thereby he was 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 copy of this order.
Accordingly, the present contempt application is disposed of.
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 :- 12.8.2021 saqlain