Court No. - 4

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2761 of 2021

Applicant :- Smt. Anjani Singh

Opposite Party :- Sri Manish Kumar The Executive Engineer

Counsel for Applicant :- Awadhesh Kumar Malviya

Hon'ble Prakash Padia,J.

Declaration filed today in the court is taken on record.

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

19.01.2020 passed in Writ Petition No.27505 of 2020 (Smt. Anjani Singh Vs.

State of U.P. & others). The aforesaid order is quoted as under:-

"Heard Sri Awadhesh Kumar Malviya, learned counsel for the

petitioner, Sri Sanjay Kumar Singh, learned Addl. Cheif Standing

Counsel for respondent no.1 and Sri Narendra Kumar Tiwari, learned

counsel for respondent no. 2.

Present writ petition has been preferred for following reliefs:-

"i. issue a writ, order or direction in the nature of mandamus directing

the respondent no.2 to disconnect the electricity connection

(permanently) of the petitioner, within stipulated period.

ii. issue a writ, order or direction in the nature of mandamus

commanding the respondents to provide certificate to the petitioner

with regard to permanent disconnection of electricity of petitioner."

At the very outset, learned Additional Chief Standing Counsel as well

as counsel for the Power Corporation states that in case the petitioner

approaches the competent authority with an appropriate application

ventilating his grievance, the same would be considered and decided

expeditiously.

In the facts and circumstances of the case, no useful purpose would be

served in keeping the writ petition pending consideration, on consent

and without expressing any opinion on the merits of the issue, the writ

petition stands disposed of with the observation that in case the

petitioner moves an appropriate application before the Executive

Engineer, Purvanchal Vidhyut Vitran Nigam Ltd., Electricity

Distribution Division Ist Ghazipur, District Ghazipur/respondent no.2

ventilating his grievance within three weeks from today, the same

would be considered and decided strictly in accordance with law as

expeditiously as possible and preferably within six weeks thereafter.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad, self

attested by the petitioner along-with 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."

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 willfully 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 four

weeks 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