Allahabad High Court
Rajeev Kumar vs Mahendra Bahadur Singh D.M. on 8 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1825 of 2021
Applicant :- Rajeev Kumar
Opposite Party :- Mahendra Bahadur Singh D.M.
Counsel for Applicant :- Sanjeev Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 09.09.2020 passed in Writ-C No.13664 of 2020 (Rajeev Kumar v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Sanjeev Kumar Pandey, learned counsel for the petitioner and learned standing counsel for the State respondents.
The relief claimed in this writ petition is for expeditious disposal of the application for grant of firearm license.
In view of judgment and order dated 30.3.2016 passed in Writ Petition No. 13821 of 2016 (Masood Ahmad Vs. State of U.P. and others) there is no need for any separate and further order and the writ petition is disposed of in the same terms and conditions.
The Licensing Authorities/District Magistrates shall act 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 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 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 :- 8.6.2021
SP/
