CLCON/59/2021
2021 Latest Caselaw 480 UK

  IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       ON THE 25TH DAY OF FEBRUARY, 2021
                            BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           CONTEMPT PETITION No. 59 of 2021


 BETWEEN:

 Ilyas.                                              ....Petitioner
      (By Mrs. Shruti Joshi, Advocate)


 AND:

 Mr. K.K. Upadhyaya and another.                   ...Respondents

      (There is no representation for the respondent)


                          JUDGMENT

This Contempt Petition has been filed alleging willful disobedience of the order dated 09.05.2019 passed by Writ Court in WPMS No. 1263 of 2019. By the said order, petitioner's writ petition was disposed of in terms of judgment dated 12.04.2019 rendered in WPMS No. 760 of 2019. Paragraph no. 7 of the judgment rendered in WPMS No. 760 of 2019 is extracted below:

"7. Accordingly, all the writ petitions are allowed. Respondent no. 4 is directed to permit the petitioners to replace their old vehicles with new ones and register the new vehicles of the petitioners for mining work within three weeks from the date of production of certified copy of this order."

2. It is the case of the petitioner that the order passed by Writ Court was served upon the opposite parties in time, however, petitioner was informed that since the mining activity is closed, therefore, his application will be considered as soon as mining restarts. Subsequently, when petitioner again approached the authorities alongwith the application, then he was asked to apply in prescribed form, in which there is a clause at item no. 2, which provides that only such applications will be considered which are covered by Contempt Petition No. 85 of 2020. This, according to the petitioner, amounts to willful disobedience of the order passed by Writ Court.

3. Without going into merits of the claim, this Court thinks that ends of justice would be met, if petitioner is permitted to make a representation to Competent Authority, which shall be decided, in accordance with law, at the earliest.

4. Accordingly, the Contempt Petition is disposed of with liberty to petitioner to make representation to Divisional Logging Manager, Nandhaur, within ten days from today. If such representation is made within stipulated period, the same shall be decided by the Competent Authority, in accordance with law, within a period of four weeks from the date of receipt of representation alongwith certified copy of this order.

5. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Arpan