Malti Devi vs Roshini Yadav, Sub Divisional ...
2021 Latest Caselaw 8904 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2620 of 2021
 
Applicant :- Malti Devi
 
Opposite Party :- Roshini Yadav, Sub Divisional Officer
 
Counsel for Applicant :- Rashid Ali
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the applicant and perused the record.

By means of this application under Section 12 of the Contempt of Courts Act, 1971 non compliance of the order of this Court dated 16th March, 2021 passed in Writ- C No.- 4636 of 2021 (Malti Devi vs. State of U.P. and others), whereby a direction was issued to the Sub Division Officer, Tehsil - Chunar district- Mirzapur to expeditiously dispose of the execution case.

It is a widely known fact that in the entire recent past the entire State of Uttar Pradesh got badly hit by the surge of second waive of Covid-19 pandemic resulting in the suspension of public movement and lock-down adversely affecting both judicial and administrative work in the State.

In such above view of the matter, therefore, it cannot be said that there has been deliberate and wilful disobedience shown to the order of this Court dated 16th March, 2021.

It is pleaded that there is no period prescribed in the order dated 16th March, 2021 for the disposal of the execution case.

In such facts and circumstances of the case, this application stands disposed of with a direction to the court concerned to expeditiously decide the matter of execution case preferably within a period of three months from the date of production of copy of this order.

However, before disposing of the execution case, the court concerned shall consider and dispose of Section 47 application, if any, filed by the judgment debtor after giving full opportunity of hearing to all the parties concerned.

It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic of SARS COV-2/ Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.

Order Date :- 28.7.2021

Atmesh