Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3790 of 2021 Applicant :- Ved Ram Sharma Opposite Party :- Shri Sahdev Mishra, Deputy Director Of Consolidation And Another Counsel for Applicant :- Ehtesham Afsar Khan
Hon'ble Prakash Padia,J.
Pursuant to the order passed by this Court, a supplementary affidavit has been filed today, the same is taken on record.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 07.02.2020 passed in Writ B No. 336 of 2020 (Ved Ram Vs. D.D.C. & another), which for ready reference is quoted as under:-
"1. Heard Sri V.P. Rai, learned counsel, holding brief of Sri Ehtesham Afsar Khan, learned counsel for the petitioner and Sri Anil Kumar Baghel, learned Additional Chief Standing Counsel, for the State.
2. The solitary grievance of the petitioner is that though he is not affected by the pending litigation in Writ B No.34818 of 2014 passed by this Court, inasmuch as, that position has been clarified by this Court in it's order dated 16.07.2014, yet his plot is not being demarcated. In that regard, petitioner appears to have made a written application dated 26.03.2019, before the Deputy Director of Consolidation, Bulandshahr, which is still pending.
3. In view of the observations contained in the order dated 16.07.2014, prima facie it does appear that the petitioner's allotment is not to be affected by the litigation pending in Writ B No.34818 of 2014.
4. Without entering into the merits of the case, the present writ petition is disposed of with a direction to the respondent no.1-Deputy Director of Consolidation, Bulandshahr, to pass appropriate order on petitioner's application, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order.
5. It is further made clear that the Court has not examined the pendency of any other writ petition or legal proceedings as may directly impact the rights being claimed by the petitioner. "
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 wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with 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 :- 25.10.2021 Swati