Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4671 of 2021 Applicant :- Vijay Vardhan Opposite Party :- Rakesh Kumar Singh Counsel for Applicant :- Rahul Kumar Jadaun
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 30.06.2021 passed in Writ Petition No. 13009 of 2021 (Vijay Vardhan Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard.
The petitioner has alleged that illegal acts including encroachment by the bank is causing harassment and problems to the petitioner including environmental pollution and free flow of traffic.
The petitioner has already submitted a representation before the Sub Divisional Officer, Tehsil - Modinagar, Ghaziabad, and the District Magistrate - Ghaziabad, and yet no action has been taken.
Sri Anadi Krishna Narayana, learned counsel for the respondent - Bank submitted that entrance of the petitioner's house and the Bank are not adjacent to each other and no illegal acts are being committed by the respondent-Bank.
Considering the facts and circumstances of the case, we dispose of this writ petition with the direction to the respondent no.2 - District Magistrate - Ghaziabad, to look into the grievance of the petitioner and take appropriate action in accordance with law, expeditiously, preferably, within four weeks from the date of submission of a copy of this order alongwith a copy of the application, after affording reasonable opportunity of hearing to the petitioner and the respondent no.4.
It is made clear that we have not expressed any opinion on merits of the case of 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 willfully 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 three weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
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 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 :- 28.10.2021 saqlain