Citation : 2023 Latest Caselaw 15862 HP
Judgement Date : 10 October, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
COPC No. 334 of 2023
Decided on: October 10, 2023
________________________________________________________
.
Reshmu ...........Petitioner
Versus
Rajiv Kumar ....Respondent
________________________________________________________
Coram: Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1No.
For the Petitioner : Mr. Rakesh Kumar Dogra, Advocate.
For the Respondent :
Mr. Anoop Rattan, Advocate General
with Mr. Rajan Kahol, Mr. Vishal
Panwar and Mr. B.C. Verma,
Additional Advocates General with
Mr. Ravi Chauhan & Ms. Sunaina,
Deputy Advocates General.
________________________________________________________
Sandeep Sharma, Judge (oral):
By way of present petition filed under Ss. 11 and 12 of the
Contempt of Courts Act, 1971, prayer has been made on behalf of the
petitioner for initiation of contempt proceedings against the respondent,
for his having willfully disobeyed the mandate contained in order dated
26.5.2023 passed in CWP No. 3213 of 2023, titled Reshmu v. State of
H.P. & Ors. whereby the petition was disposed of with a direction to
the respondents to decide the representation of the petitioner on or
before 14.7.2023 by passing a speaking order. Since the
representation dated 18.7.2023, filed by the petitioner pursuant to order
dated 26.5.2023, has not been decided till date, petitioner has
approached this Court in the instant proceedings, for initiation of
contempt proceedings against the respondent.
Whether the reporters of the local papers may be allowed to see the judgment?
2. Mr. Rajan Kahol, learned Additional Advocate General,
appearing for the respondent, states that though he has every reason
.
to believe that the needful in terms of the order in question must have
been done by now, but if not, same would be done within four weeks.
3. Having taken note of the fair stand adopted by learned
Additional Advocate General, this Court sees no reason to keep the
present proceedings alive and same are disposed of with a direction to
the respondent to decide the representation of the petitioner dated
18.7.2023, if not already decided, within a period of four weeks from
today. Needless to say, petitioner shall be at liberty to get the present
petition revived, in case, respondent fails to comply with the order in
question, so that appropriate contempt proceedings are initiated
against the erring officials.
Petition stands disposed of in the afore terms.
(Sandeep Sharma)
Judge October 10, 2023 (vikrant)
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