Allahabad High Court
Satendra Singh vs Mr. Surendra Singh, Assistant ... on 3 November, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4172 of 2020 Applicant :- Satendra Singh Opposite Party :- Mr. Surendra Singh, Assistant Collector Counsel for Applicant :- Ruhi Yadav Hon'ble Mahesh Chandra Tripathi,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 08.05.2019 passed in Writ Petition No.2920 of 2019 (Satendra Singh v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
".........I have considered the submissions of the parties and perused the record.
Since the order passed by the respondent no.3 dated 10.05.2011 is cryptic and has not considered relevant issues and particularly the order dated 17.02.1997 passed by the respondent no.3 in case no. 2 of 1989, the said order is not sustainable, and consequently, the order passed by the Tehsildar dismissing the recall application of the petitioner and also the order passed by the revisional court dismissing the revision of the petitioner are not sustainable and hence, the orders dated 10.05.2011, 12.04.2012 and 18.08.2018 passed by the respondent no. 3 are quashed.
The respondent no.3 is directed to decide case no. 85 (Gaon Sabha Vs. Satendra) under Section 122B of UPZA & LR Act afresh within a period of three months from the date of production of certified copy of this order after considering the effect of order dated 17.02.1997 passed in case no. 2 of 1989 (Gaon Sabha Vs. Satendra Singh), affirmed in revision no.88 of 1997 (Gaon Sabha Vs. Satendra Singh) and after demarcating the plot in dispute.
With the aforesaid observation, the writ petition is allowed."
Learned counsel for the applicant submits that a certified 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.
As per the ordersheet of the proceeding in question, this much is clearly reflected that general dates are being fixed in the matter and no sincere efforts are being made to finalise the proceeding in question.
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 and finalise the proceeding in question by all means within three months from the date of production of a copy of this order without according unnecessary adjournment to either of the parties.
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 :- 3.11.2020 SP/