CLCON/461/2021
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IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 2ND DAY OF DECEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 461 of 2021

BETWEEN:

Mahendra Singh.                              ...Petitioner
     (By Mr. Pawan Mishra, Advocate)

AND:
Manish Kumar.                               ...Respondent
     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)

                     JUDGMENT

Writ Court had requested the Assistant Collector, Ist Class to decide the case regarding execution of the decree dated 24.07.2006, within four months.

2. Alleging willful disobedience of the said order, this contempt petition was filed.

3. On 29.10.2021, learned Standing Counsel was asked to get instructions in the matter. Today, learned Standing Counsel has produced in Court the instructions received from Assistant Collector, Ist Class, which is taken on record. Perusal of the written instructions reveals that not only the execution case has been decided; but, all the co- tenure holders have been given possession as per their sanctioned share.

4. Learned counsel for the petitioner although admits that the order passed by Writ Court has been partially complied with as, according to him, full compliance has not been made.

5. Be that as it may. Since substantial compliance of the order passed by Writ Court has been made, therefore, this Court does not find any sufficient reason for proceeding against the respondent under Contempt of Courts Act.

6. Accordingly, the Contempt Petition is closed. Contempt notice issued to the respondent is hereby discharged.

(MANOJ KUMAR TIWARI, J.) Arpan