The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 25.01.2021 passed in Writ Petition No. -570 of 2020 (Sunil Kumar Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayers:-
"Issue writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to respondents authorities to decide the Case No. 01242 of 2019 ( Computer Case No. T-201914290401242), Revenue Lekhpal Vs. Sanjay Singh pending before Tehsildar/ Sub-Divisional Magistrate Saidpur, District Ghazipur within certain stipulated period of time as fixed by this Hon'ble Court. "
The proceedings under Section 67 of the U.P. Revenue Code is pending from the year 2019. The order-sheet of the case clearly reflects that on various dates the lawyers were abstaining from the judicial work and in the year 2020 only general dates are being fixed.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that appropriate orders be passed within a period of three months from the date of filing of self- attested copy of this order by the petitioner, which may be verified from from the official webstie of this Court provided the lawyers are not abstaining from the judicial work. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, 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 parties but the opposite parties have willfully not complied with the order and, thus, have 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,counsel for the applicant is permitted to serve certified copy of this order along with other necessary papers before the authority concerned before whom the proceedings are pending within a period of three weeks. The authority concerned before whom the proceedings are pending is directed to comply with the order of the Writ Court within a period of two months from the date of production of certified 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 :- 26.8.2021 saqlain