Mast Ram & Ors vs Rohan Chand Thakur & Anr
2024 Latest Caselaw 4971 HP

Himachal Pradesh High Court

Mast Ram & Ors vs Rohan Chand Thakur & Anr on 2 May, 2024

Author: Sandeep Sharma

Bench: Sandeep Sharma

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                    COPC No. 61 of 2024
                                           Date of Decision: 02.05.2024
    _____________________________________________________________________




                                                               .

    Mast Ram & Ors.
                                                                .........Petitioners
                                           Versus





    Rohan Chand Thakur & Anr.
                                                                .......Respondents
    Coram





    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?
    For the Petitioner:       Mr. Rakesh Kumar, Advocate.

    For the respondent:      Mr. Anup Rattan, Advocate General, alongwith

                             Mr. Rajan Kahol, Mr. B.C. Verma, & Mr.
                             Vishal Panwar, Additional Advocates General,
                             with Mr. Ravi Chauhan, Deputy Advocate
                             General.


    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

By way of instant Contempt Petition filed under Sections 12

of the Contempt of Courts Act, 1971, prayer has been made on behalf of

the petitioners for initiation of contempt proceedings against the

respondents for willful disobedience of directions contained in the

judgment dated 07.07.2023 passed Division Bench by this Court in

CWP No.4417 of 2023, titled as Mast Ram & Ors. Vs. Himachal Raod

Transport Corporation & Ors.

2. Careful perusal of aforesaid judgment alleged to have been

violated, reveals that this Court having taken note of the statement

made by learned counsel representing the petitioner that the case of the

.

petitioner is squarely covered under the judgment dated 08.07.2021

rendered by Division Bench of this Court in CWP No.3278 of 2021, titled

Baldev Chand Vs. Himachal Pradesh Road Transport Corporation &

Anr., disposed of the petition with a direction to the respondents to

consider and decide the case of the petitioners, in the light of aforesaid

judgment within a period of eight weeks. Since, despite there being

specific direction to do the needful, as taken note above, respondents

failed to consider the case of the petitioner in light of Baldev Chand's

case (supra), petitioner has approached this Court in the instant

proceedings.

3. Mr. Rajan Kahol, Additional Advocate General, while

accepting notice on behalf of the respondents, states that though he has

every reason to believe and presume that by now aforesaid judgment

alleged to have been violated, must have been complied with, but if not,

same would be complied with within a period of two weeks from today.

4. Consequently, in view of the fair statement made by learned

Additional Advocate General, this Court sees no reason to keep the

present petition alive and as such, same is accordingly disposed of with

the direction to do the needful in terms of judgment, alleged to have

been violated positively within a period of two weeks, if not already

done, failing which, petitioner would be at liberty to get the present

.

proceedings revived, so that appropriate action, in accordance with law,

is taken against erring officials. Notices issued to the respondents are

discharged.

    May 2, 2024                                  (Sandeep Sharma),
    Sunil                                             Judge