CLCON/352/2021
2021 Latest Caselaw 3143 UK

IN THE HIGH COURT OF UTTARAKHAND
            AT NAINITAL
    ON THE 17TH DAY OF AUGUST, 2021
                BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Contempt Petition No. 352 of 2021
BETWEEN:
Basant Prbhakar                         ....Petitioner
     (Dr. Udyog Shukla, Advocate)


AND:

Prakash Arya & another                  .....Respondents
(By Mr. V.K. Kapuruwan, Advocate for opposite party)

                       JUDGMENT

1. Writ Petition (M/S) 468 of 2021 filed by the petitioner was disposed of vide order dated 01.03.2021. Operative portion of the said judgment is extracted below:-

"7. The District Mining Committee shall invite objections from Divisional Logging Manager, Nandhaur Mining Division, Uttarakhand Forest Development Corporation before taking any decision on petitioner's application. The District Mining Committee shall also consider whether the vehicle, which is sought to be registered, fulfils the condition regarding age limit, if any, prescribed under Section 59 of Motor Vehicle Act, 1988."

2. In the contempt petition, it is alleged that no decision has been taken on petitioner's application, even after expiry of deadline fixed in the order.

3. Mr. V.K. Kaparuwan, learned counsel for the opposite parties, on instructions, submits that the documents submitted by the petitioner with his application were sent for verification to the Transport Authority and since the documents have not come

back, upon verification, therefore, this delay is being caused in taking decision on petitioner's application.

4. Learned counsel for the petitioner has placed reliance upon an order dated 01.03.2021 passed in Contempt Petition No. 70 of 2021, whereby bunch of contempt petitions were disposed of. He submits that the present contempt petition be also disposed of in terms of the said order.

5. Mr. V.K. Kaparuwan, learned counsel for Uttarakhand Forest Development Corporation has no objection, if such order is passed.

6. In view of the consensus between the parties, the contempt petitions are disposed of with the following directions:-

(i) Petitioners would file an affidavit indicating that all their documents, regarding the vehicle(s) to be registered, are in order.

(ii) Petitioners shall also verify that all the particulars given in the documents furnished by them with their applications are correct.

(iii) Petitioners shall also file all the necessary documents in the required format for registration of the new vehicle.

(iv) Subject to deposit of all necessary documents by the petitioners, within two weeks from the date of production of certified copy of this order, District Mining Committee shall consider petitioners application(s), within a period of three weeks.

(MANOJ KUMAR TIWARI, J.) Aswal