Allahabad High Court
Banveer Singh Rajpoot vs Shri Sanjay Kumar, Bhumi ... on 5 August, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1448 of 2021
Applicant :- Banveer Singh Rajpoot
Opposite Party :- Shri Sanjay Kumar, Bhumi Sanrakhan Adhikari (Rashtriya Jalagam)
Counsel for Applicant :- Ajay Kumar Srivastava
Counsel for Opposite Party :- S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and learned counsel for opposite party.
The applicant has preferred the present contempt petition for non-compliance of the judgment and order dated 14.10.2020 passed in Writ A No. 8569 of 2020 (Banveer Singh Rajpoot Vs. State of U.P. and 4 others).
"Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.l to 5.
The petitioner has retired as Junior Engineer from Agriculture Department, Jhansi Division, District Jhansi on 31.01.2017. His retiral dues have not been paid. The petitioner in this respect has submitted several representations to the respondent no.5.
Grievance of the petitioner is that neither the representation of the petitioner has been considered nor his retiral dues have been paid by the respondent no.5.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending, and an appropriate direction be issued to respondent no.5 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into merits of the case and with the consent of the parties, the writ petition is disposed of with direction to the petitioner to file a fresh representation before the respondent no.5-Bhumi Sanrakshan Adhikari (Rastriya Jalagam), Chirgaon, District Jhansi, raising all his grievances within a period of three weeks from today. In case any such representation is filed, the respondent no.5 shall consider and decide the same by a reasoned and speaking order within a period of four months thereafter.
With the aforesaid observations, the writ petition is disposed of."
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 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 two 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 petitioners 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 :- 5.8.2021
Ujjawal
