Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3064 of 2021 Applicant :- Yunish Alias Yunis Khan Opposite Party :- Mrs. Selva Kumari Jayarajan, D.M.
Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
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 26.11.2020 passed in Writ Petition No.19486 of 2020 (Yunis Khan Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Petitioner appears to have made a complaint against the Village Pradhan i.e. respondent no.4, which is alleged to be supported with an affidavit, on 25.2.2019, but as no action upon it has been taken so far petitioner is before this Court.
Learned Standing Counsel states that appropriate decision would be taken by the authority competent, in accordance with law.
Considering the nature of the order proposed to be passed, notices need not be issued to respondent no.4, and the writ petition is being disposed of, at this stage itself.
In the facts and circumstances, noticed above, this writ petition stands disposed of by permitting the petitioner to approach respondent no.2, alongwith a copy of this order, within two weeks from today. The District Magistrate shall ensure that necessary action, as may be warranted in law, upon petitioner's complaint is taken after due notices to the elected Pradhan in terms of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997, within a further period of four months, thereafter. It is made clear that this Court has not examined the complaint of petitioner, on merits, and all issues on facts are left open to be considered by the authority concerned, at the first instance.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the 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 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 two 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 :- 12.8.2021 saqlain