363095 Hav (Clk), vs . Ajay Kumar Bhalla & Anr.
2024 Latest Caselaw 404 Meg

High Court of Meghalaya

363095 Hav (Clk), vs . Ajay Kumar Bhalla & Anr. on 19 June, 2024

Author: W. Diengdoh

Bench: W. Diengdoh

   Serial No. 02
   Regular List


                         HIGH COURT OF MEGHALAYA
                               AT SHILLONG

Cont.Cas(C) No. 23 of 2023
                                                     Date of Order: 19.06.2024
363095 HAV (CLK),                    Vs.            Ajay Kumar Bhalla & Anr.
Ajay Kumar & 141 Ors.

Coram:
             Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s)   : Mr. P. Nongbri, Adv.
                                    Ms. R. Fancon, Adv.
For the Respondent(s)             : Mr. R. Debnath, CGC

Ms. B. Malngiang, Adv.

Heard Mr. P. Nongbri, learned counsel for the petitioner who has submitted that in course of these proceedings, the respondent/Union of India through the learned CGC Mr. R. Debnath, has sought for time on the ground that the respondent has preferred a Special Leave Petition before the Hon'ble Supreme Court as regard the impugned judgment dated 17.02.2023 in WP(C) No. 198 of 2019 passed by this Court.

However, at this stage it is reliably learnt that the said SLP was since dismissed vide order dated 17.05.2024. Under such circumstances, the prayer of the petitioner seeking implementation of the said order dated 17.02.2023(supra) stands and non-compliance of the same would invite contempt proceedings before this Court. It is, therefore, prayed that the

respondent may be directed to either comply with the directions of the judgment dated 17.02.2023 or to face contempt proceedings in accordance with law.

In reply, Mr. R. Debnath, learned CGC has submitted that it is not the intention of the respondent/Union of India to not comply with the directions made in the said order dated 17.02.2023. However, at this point of time, it is prayed that the learned counsel may be accommodated to seek specific instructions in this regard.

This Court on consideration of the submission made and also taking note of the order dated 17.05.2024 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No(s). 15217/2024, would agree with the learned counsel for the petitioner that the doors before the apex court are now closed to the respondent as far as this matter is concerned. The respondent is under obligation to comply with the said order dated 17.02.2023. It is, therefore, directed that the respondent take necessary steps in this regard failing which, necessary orders or directions shall be passed in this matter.

List this matter after 3(three) weeks.

Judge

Meghalaya 19.06.2024 "Tiprilynti-PS"