Allahabad High Court
Baleshwar Mishra vs Sri Mangla Prasad Singh, D.M. And ... on 22 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1855 of 2021 Applicant :- Baleshwar Mishra Opposite Party :- Sri Mangla Prasad Singh, D.M. And Another Counsel for Applicant :- Ajay Kumar Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
By order dated 11.11.2020 passed in Writ A No. 11126 of 2019 filed by the applicant, the Court directed as under:
"Without going into the merits of the case, the matter is remitted to the respondent no.2-District Magistrate, Ghazipur.
A writ in the nature of mandamus is issued commanding the respondent no.2-District Magistrate, Ghazipur, to execute the following direction:
The respondent no.2-District Magistrate, Ghazipur, shall decide the representation of the petitioner for grant of ACP benefits and second promotional pay scale by a speaking order in accordance with law within a period of three months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with a copy of fresh representation.
The computer generated copy of such order be self attested by the petitioner (party concerned) 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 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.
The writ petition is disposed of finally. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate it to the applicant 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 party 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 :- 22.6.2021 A.K.Srivastava