CLCON/319/2021
2021 Latest Caselaw 2757 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 2ND DAY OF AUGUST, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Contempt Petition No. 319 of 2021
BETWEEN:

Jogendra Lal                              ... Petitioner
     (Mr. S.K. Mandal, Advocate)


AND:

Pankaj Kumar Pandey & another             ... Opposite Parties


                       JUDGMENT

1. Writ petition (M/S) No. 1040 of 2019 filed by the petitioner was disposed of with a direction to the Sub-Divisional Magistrate, Khatima, District Udham Singh Nagar to decide petitioner's representation within sixty days.

2. In this contempt petition, petitioner contends that although Sub-Divisional Magistrate has passed an order on 03.07.2019, wherein it has been provided that petitioner may be given some alternative land, however, according to learned counsel for the petitioner, Sub-Divisional Magistrate concerned has forwarded the matter to District Magistrate, Udham Singh Nagar and the District Magistrate in turn referred the matter to the State Government and the matter is now pending before the State Government.

3. Since the direction issued by Writ Court was only to Sub-Divisional Magistrate concerned and not to Secretary, Revenue, therefore, Secretary cannot be proceded against under provision of Contempt of Courts Act.

4. In such view of the matter, contempt notice cannot be issued to the opposite parties. However, having regard to the facts of the case, contempt petition is closed with liberty to the petitioner to approach the Secretary, Revenue, Uttarakhand by making a representation within two weeks from today. If such a representation is made within stipulated time, decision thereupon shall be taken as early as possible, preferably within three months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) Aswal