Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3241 of 2021 Applicant :- Tufani Opposite Party :- Ashish Kumar Mishra,S.D.M.
Counsel for Applicant :- Vikas Srivastava
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 23.03.2021 passed in Writ Petition No. - 8817 of 2021 (Tufani Vs. Sub Divisional Magistrate and another). The aforesaid order is quoted below:-
"Heard learned counsel for parties.
The proceedings under Section 16 of the U.P. Revenue Code, 2006 was decreed ex-parte against the petitioner on 16 July 2019. Aggrieved by the aforesaid ex- parte order, the petitioner has moved an application for recall and restoration of that order. It is alleged that during the pendency of the aforesaid restoration application, the respondents are interfering in the possession of the petitioner and also changing the nature and character of the land.
Bearing in mind the nature of allegations which have been made, the competent authority is directed to duly evaluate the restoration application which has been made and dispose it of with expedition and preferably within a period of three months from today with due notice to all concerned parties. The Court also leaves it open to the petitioner to move an appropriate application for stay in those proceedings. In case, such an application is filed, the competent authority shall decide the aforesaid application by granting it precedence.
Accordingly, the petition shall stand 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, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within six 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 :- 19.8.2021 saqlain