CLCON/145/2021
2021 Latest Caselaw 2916 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
       ON THE 6TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 145 of 2021

BETWEEN:

Madan Singh Nauliya.                         ...Petitioner
     (By Mr. Harendra Belwal, Advocate)

AND:
Shri R.K. Sudhanshu & others.             ...Respondents
     (By Mr. Pradeep Hariya, Standing Counsel for the State
     of Uttarakhand)


                       JUDGMENT

Writ Petition (M/S) 2124 of 2020 filed by the petitioner was disposed of by Writ Court vide order dated 06.11.2020 with a direction to Secretary, P.W.D., Government of Uttarakhand to take decision on petitioner's representation.

2. In this contempt petition, it is alleged that Secretary, P.W.D. has flouted the order passed by Writ Court.

3. A compliance affidavit has been filed on behalf of respondent no. 1, enclosing therewith the decision taken on petitioner's representation vide order dated 20.04.2021. Perusal of the said order indicates that petitioner's representation for change of alignment of the road was considered and rejected on the ground that the road in question is being

constructed by another construction agency, namely, Rural Development Department.

4. Since compliance of the order has been made by taking decision on petitioner's representation, therefore, it is not a case of willful disobedience of the order passed by Writ Court.

5. Accordingly, the contempt petition is closed.

6. Contempt notices issued to the respondents are hereby discharged.

7. However, petitioner shall be at liberty to approach appropriate forum for ventilation of his grievance, if any.

(MANOJ KUMAR TIWARI, J.) Arpan