Himachal Pradesh High Court
4/10 vs Unknown on 9 August, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 9th DAY OF AUGUST, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL ORIGINAL PETITION CONTEMPT NO. 160 OF 2021
Between:
M/S JANTA LAND PROMOTORS PRIVATE LIMITED, HAVING
ITS REGISTERED OFFICE AT SCO 39-42, SECTOR 82, SAS
NAGAR, MOHALI, PUNJAB THROUGH ITS AUTHORIZED
OFFICER AND SIGNATORY SH. ANKUSH VERMA, SON OF
SHRI KAUSHAL VERMA, AGED 36 YEARS, RESIDENT OF
114/10, MOHALLA PRADHAN, VILLAGE SADHURA, YAMUNA
NAGAR, HARYANA.
....PETITIONER
(BY SH. AJAY KUMAR SOOD, SENIOR ADVOCATE, WITH
MR. SUMIT SOOD, ADVOCATE )
AND
1. SHRI R.D. DHIMAN, (FATHER'S NAME NOT KNOWN TO THE
PETITIONER) ADDITIONAL CHIEF SECRETARY, REVENUE,
GOVERNMENT OF HIMACHAL PRADESH, H.P. SECRETARIAT,
SHIMLA 171002.
2. SHRI K.K. SHARMA, (FATHER'S NAME NOT KNOWN TO
THE PETITIONER) JOINT SECRETARY REVENUE,
GOVERNMENT OF HIMACHAL PRADESH, H.P., SECRETARIAT,
SHIMLA, 171002.
3. SHRI. K.C. CHAMAN, (FATHER'S NAME NOT KNOWN TO
THE PETITIONER) DEPUTY COMMISSIONER CUM-DISTRICT
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2
COLLECTOR DEPUTY COMMISSIONER OFFICE, SOLAN,
173212.
4. SHRI MAN MOHAN JISTU (FATHER'S NAME NOT KNOWN
.
TO THE PETITIONER) SUB REGISTRAR CUM TEHSILDAR,
KASAULI 173202, DISTRICT SOLAN, H.P.
....RESPONDENTS
(BY MR. ADARSH SHARMA, MR. SUMESH RAJ, MR. SANJEEV
SOOD, ADDITIONAL ADVOCATES GENERAL, WITH MR.
KAMAL KANT CHANDEL, DEPUTY ADVOCATE GENERAL.
WHETHER APPROVED FOR REPORTING?1 No
r to
This Petition coming on for orders this day, the Court passed
the following:
JUDGMENT
By way of this contempt petition, the petitioner has prayed for
initiation of action against the respondents for intentional and willful
disobedience of the order/judgment, dated 02.09.2020, in CWP
No.4364 of 2019, titled as M/s Janta Land Promoters Private Limited
Versus State of Himachal Pradesh & others, appended with this
petition as Annexure C-2, vide which the writ petition filed by the
petitioner stood disposed of in the following terms:-
Whether reporters of the local papers may be allowed to see the judgment?
"Therefore, in these circumstances, as it is not in dispute
that the issue involved in this petition is squarely covered
by the judgment passed by Hon'ble Principal Division
.
Bench of this Court in CWP No.1293 of 2019, titled as
Reckitt Benckiser ((India) Private Limited Versus State of
H.P. & Another, decided on 29.02.2020, this petition is
disposed of with the direction that the adjudication made
in CWP No.1293 of 2019, titled as Reckitt Benckiser
((India) Private Limited Versus State of H.P. & Another,
decided on 29.02.2020. shall mutatis mutandi apply to
this petition also and all directions so issued by Hon'ble
Principal Division Bench shall be construed as having been
issued in this petition also, including the adjudication
made to the effect that in the event of conversion of a
Company from Limited to Private Limited, there is no
liability incurred upon the said Company to pay any stamp
duty or registration fee. Pending miscellaneous
applications, if any, also stand disposed of. Interim order,
if any, stands vacated."
2. Notices in the contempt petition were issued.
3. Learned Additional Advocate General has placed on
record the communication, dated 28.07.2021, which reads as under:-
"I am directed to refer to your letter No.COPC 160/2021-
18910 dated 06.07.2021 on subject cited above and to
inform you that this Department had requested to the
Deputy Commissioner, Solan for taking further necessary
action in the matter, in accordance with the
order/judgment passed by the Hon'ble High Court in CWP
4364/2019 titled as M/s Janta Land Promoters Vs. State
of H.P. & others vide letters dated 07.04.2021 &
24.04.2021.
In this context, the Deputy Commissioner, Solan vide
.
letter dated 24.07.2021 (copy enclosed) has intimated that
the Tehsildar, Kasauli was directed vide letter dated
05.05.2021 to comply with the order/direction dated
02.09.2020 of Hon'ble High Court of H.P. in letter and
spirit. The Tehsildar, Kasauli has reported that in order to
comply with order/direction of the Hon'ble High Court, the
name of M/s Janta land promoters Pvt. Ltd. Has been
entered in revenue record vide Roj Namcha Rapat No.375
dated 06.05.2021.
r You are, therefore, requested to apprise the Hon'ble
High Court accordingly."
4. Learned Senior Counsel, appearing for the petitioner,
submits that in view of the contents of this communication, these
contempt proceedings can be put to rest, but with the observation
that Roj Namcha Rapat No.375, dated 06.05.2021 be also
incorporated in the jamabandi.
5. Learned Additional Advocate General submits that
consequences shall ensue. His statement is taken on record.
6. In view of the above, these contempt proceedings are
ordered to be closed. Notice stands discharged.
August 09, 2021 (Ajay Mohan Goel)
(rishi) Judge
