CLCON/626/2017
2021 Latest Caselaw 3085 UK

IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
     ON THE 13TH DAY OF AUGUST, 2021
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     Contempt Petition No. 626 of 2017


BETWEEN:

Nandan Singh Bora & another.                          ....Petitioners
     (By Mr. Prabhakar Joshi, Advocate)



AND:

Mr. Nitish Jha & others.                          ....Respondent
     (By   Mr.   J.S.   Bisht,   Standing   Counsel   for   the   State   of
     Uttarakhand)




                          JUDGMENT

Writ Petition (S/S) No. 1070 of 2015 filed by the petitioners was allowed vide judgment dated 11.04.2017. Against the said judgment, State Government has filed Special Appeal and a Division Bench of this Court has stayed the operation of the judgment dated 11.04.2017 till further orders.

2. There is consensus amongst the learned counsel for the parties that the said Appeal is still pending and the stay order is also operating.

3. Since the judgment sought to be implemented has been stayed in Appeal, therefore, no useful purpose would be served, by keeping this Contempt Petition pending on the file of this Court.

4. Accordingly, Contempt Petition is closed. Contempt notice issued against respondent no. 1 is hereby discharged. However, petitioners shall be at liberty to seek recall of this order as and when the Special Appeal is decided.

(MANOJ KUMAR TIWARI, J.) Navin