Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4340 of 2021 Applicant :- Suncity Hi Tech Infrastructures Pvt Ltd Opposite Party :- Shri Durgesh Singh Tehsildar And 3 Others Counsel for Applicant :- Shri Krishna Mishra
Hon'ble Prakash Padia,J.
Heard Sri Ritesh Kumar, Advocate, holding brief of Shri Krishna Mishra, learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 31.5.2021 passed in Public Interest Litigation No.564 of 2020 (In Re Vs. State of U.P.). The operative portion of the order is reproduced hereinbelow :-
"The matter is in board in furtherance to order dated 24.04.2021; whereby, taking into consideration the upsurge of pandemic Covid-19, affecting one and all in the State of Uttar Pradesh resulting in working of Courts with reduced capacity, the earlier order of 05.01.2021 was withdrawn and the suo moto Public Interest Litigation was reopened and detail order was passed in respect of various aspects as regard to interim orders and other directions in the following terms:
"1) That all interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals or Quasi-Judicial forums in the State of Uttar Pradesh over which this Court has power of superintendence which were subsisting on 15.03.2021 shall stand extended till 31.05.2021.
2) That the interim orders or directions of this Court or any court subordinate to this Court in the State of Uttar Pradesh which are meant to operate till further orders shall continue to remain in force until modified by specific order of the court concerned.
3) It is further directed that the criminal courts in the State of Uttar Pradesh which granted bail orders or anticipatory bail for a limited period, which are likely to expire, on or before 31.05.2021 shall stand extended for a period till that date i.e. 31.05.2021.
4) That any orders of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order shall remain in abeyance for the period till 31.05.2021.
5) That the State Government, Municipal Authorities, other Local Bodies and agencies and instrumentalities of the State Government shall be slow in taking action of demolition and eviction of persons till 31.05.2021.
6) It is further directed that any Bank or Financial Institution shall not take any action for auction in respect of any property or an institute or person or party or any body corporate till 31.05.2021.
It is however made clear that in case of extension of interim orders as per the present order, any undue hardship and prejudice of any extreme nature is caused to any of the party to such proceedings, the said party/parties would be at liberty to seek appropriate relief by moving appropriate application before the competent court, tribunal, judicial or quasi-judicial forum and the general direction issued by this order shall not be an embargo in considering such application and deciding the same after affording an opportunity of hearing to all the parties to said lis. Needless to say, the State and its functionaries will also be at liberty to file appropriate application in respect of particular case for necessary directions."
When the matter is taken up today, we are apprised that the situation has still not improved and all the Courts including the district courts, tribunals as well as the High Court are working in virtual mode with limited capacity. Therefore, the interest of justice demands for continuation of the order dated 24.04.2021 till 02.08.2021.
The Registry is directed to upload this order on official website of the Court and District Courts, Tribunals, Judicial and Quasi-Judicial Authorities of State of Uttar Pradesh over which this Court has power of superintendence, office of the learned Additional Solicitor General, learned Advocate General, Chairman of the Uttar Pradesh State Bar Council, all the respective Bar Associations and Special Public Prosecutor.
The Registry is also directed to give wide publicity to this order through Print and electronic media having wide circulation in the State so that the litigants may know about the order and do not rush to court for different relief (covered by these directions).
Let the matter be now posted on 02.08.2021."
The citation recovery has been issued against the applicant. It reveals from perusal of the aforesaid recovery citations that applicant was directed to make payment or show cause.
Once the opportunity of show cause was given to the applicant, the Court is of the opinion that liberty is with the applicant to submit his reply, if any, against the show cause.
Accordingly, present contempt application is dismissed.
Order Date :- 26.10.2021 Pramod Tripathi