Allahabad High Court
Dayaram And 3 Others vs Bhanu Chandra Goswami, The D.M. 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. - 4186 of 2020 Applicant :- Dayaram And 3 Others Opposite Party :- Bhanu Chandra Goswami, The D.M. Counsel for Applicant :- Ashok Kumar Singh 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 22.11.2019 passed in Writ-C No.38044 of 2019 (Dayaram & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners, Sri Akhilesh Kumar Singh appears for the Nagar Nigam, Sri Arun Kumar, learned counsel for the respondent no.4, learned standing counsel for the State and perused the material on record.
By means of this petition, the petitioners claims that they are the owner and title holders over the land of Arazi No.49/ 5014.93 situate at village Baswar Tehsil Karchana District Allahabad.
It is submitted that the said land was under the urban ceiling proceeding but in view of the Repeal Act, the same was released from the ceiling proceedings in the year 2008. In 2010, a notification has been issued for acquiring various land but in that notification the land of the petitioners have not been shown probably because the said land was under the ceiling proceedings. It is submitted that the land of the petitioners have been utilized/acquired by the Nagar Nigam, Allahabad without any acquisition proceeding being initiated or without payment of any compensation to the petitioners.
Learned counsel appearing for the Nagar Nigam however, submits that in case the petitioner has acquired title over the land and the same has been utilized, the appropriate authority is the District Magistrate as has been provided in Government Order dated 12.5.2016, in our considered opinion no useful purpose would be served in keeping the petition pending and direction issued to the District Magistrate, Allahabad to consider the claim of the petitioners and pass appropriate orders in accordance with law without unnecessary delay from the date of production of a certified copy of this order before him.
The writ petition is disposed off accordingly."
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.
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 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 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/