Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3283 of 2021 Applicant :- Sundari Devi Opposite Party :- Rajendr Ram,Consolidation Officer Counsel for Applicant :- Krit Raj Singh,Alok Kumar Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 22.11.2017 passed in Civil Misc. Writ Petition No. 55726 of 2017 and Order dated 17.01.2020 passed in Writ Petition No. 126 of 2020 (Sundari Devi Vs. State of U.P. and Others), which for ready reference the order dated 22.11.2017 is quoted as under:-
"The present petition has been filed for a direction upon the Consolidation Officer, Badlapur, District Jaunpur to decide Case No.142 of 2010 under Section 12 of U.P. C.H. Act within a stipulated period.
From the record it appears that some restoration application was recently allowed by order dated 09.10.2017 and thereafter the matter was fixed for 02.11.2017 for further hearing.
Under the circumstances, this Court finds no good reason to issue any specific direction. It is expected that the Consolidation Officer shall proceed in the matter expeditiously, in accordance with law, without entertaining unnecessary adjournment, particularly, keeping in mind that the matter is pending since the year 2010.
With the aforesaid observation, the petition is disposed of. "
And order dated 17.01.2020 is also quoted as under:-
"The petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the Consolidation Officer, Badalapur, District Jaunpur/respondent no. 1 to decide Suit No. 142 of 2010 filed under section 12 of Consolidation of Holdings Act 1953.
It appears from perusal of the record that petitioner has earlier filed a writ petition before this Court being Writ-B No. 55726 of 2017 (Smt. Sundari Devi vs. Consolidation Officer, Badalapur, Jaunpur And 3 others). The said writ petition was finally disposed of by the Coordinate Bench of this Court vide judgment and order dated 22.11.2017.
It is argued by the learned counsel for the petitioner that though directions were given by this Court in its judgment and order dated 22.11.2017 to the Consolidation Officer to decide the matter expeditiously but inspite of the fact that a considerable time has already been lapsed no final decision has been taken by him only on the pretext no mandamus was issued by this Court directing him to decide the matter within a particular period. It is further argued by the learned counsel for the petitioner that several cases filed by the other tenure holders before the respondent no. 1 after filing of the present case has already been decided by him but no final decision has been taken, in so far as the suit no. 142 of 2010 is concerned.
From perusal of the records, it is clear that suit filed by the present petitioner before respondent no. 1 is pending consideration for last more than 9 years.
In the facts and circumstances of the case, without entering into the merits of the case, the writ petition is disposed of directing the respondent no. 1 to decide the suit no. 142 of 2010 filed under section 12 of the Consolidation of Holdings Act, 1953, expeditiously and preferably within a period of six months from the date of production of certified copy of this order. "
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 willfully not complied with the order and, thus, has 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 current Consolidation Officer, Badlapur/opposite party to comply with the aforesaid order of the Court within four months 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 :- 7.10.2021 Swati