CLCON/324/2021
2021 Latest Caselaw 2837 UK

IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
         ON THE 4TH DAY OF AUGUST, 2021
                              BEFORE:
       HON'BLE SHRI JUSTICE MANOJ K. TIWARI

       Contempt Petition No. 324 of 2021
BETWEEN:

Amir Khan & others                              ... Petitioners
       (Mr. A.K. Sharma, Advocate)


AND:

Shri Jai Bharat Singh                           ... Respondent
       (Mr. Lalit Miglani, Advocate)

                          JUDGMENT

1. Petitioners filed WPMS No. 1318 of 2021 challenging a Resolution passed by Nagar Nigam Haridwar in its meeting held on 30.01.2021. By the said Resolution, it was provided that Contractor, residing within limits of Municipal Corporation Haridwar alone, shall be registered as Contractor by the Municipal Corporation.

2. Writ Court vide order dated 16.07.2021 stayed the Resolution, which was numbered as '19' till the next date of listing.

3. In the contempt petition, it is alleged that opposite party is willfully violating the order of this Court, inasmuch as, despite the stay granted against the Resolution No. '19', Nagar Nigam Haridwar is not registering/renewing the Contractors, who were residing outside the limits of Municipal Corporation.

4. This Court vide order dated 03.08.2021 directed the petitioner's counsel to serve copy of the contempt petition to Mr. Lalit Miglani, Advocate so that he may get necessary instructions in the matter.

5. Today, on instructions, Mr. Lalit Miglani, appearing for the opposite party submits that applications for renewal/registration, submitted by the petitioners, have been received by the Nagar Nigam Haridwar and their applications would be considered on merits in terms of order passed by Writ Court in WPMS No. 1318 of 2021. He further submits that as of now, no decision has been taken on any application submitted by Contractors for registration/renewal.

6. In view of the assurance given on behalf of the opposite party that petitioners' applications would be considered on merits, in accordance with law, along with other applicants and further in view of the assurance given by Mr. Lalit Miglani that petitioners would not be subjected to any hostile discrimination, based on their place of residence, the Contempt Petition is disposed of taking the statement of Mr. Lalit Miglani, learned counsel for the opposite party on record.

(Manoj Kumar Tiwari, J.) Aswal