Uttarakhand High Court
Mr. Udyog Shukla vs State on 13 January, 2021
CLCON No.26 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Udyog Shukla, Advocate for the
petitioner.
Mr. V.K. Kapruwan, Advocate for the
respondents.
The petitioner of this contempt
petition has alleged non compliance of the
judgment dated 21.05.2019, which was
rendered in Writ Petition No.1406 (M/S) of
2019, Ajay Pal Singh and others vs. State
of Uttarakhand and others, which was in
relation to petitioner no.4, wherein he has
contended that his writ petition was
disposed of by the Coordinate Bench of this
Court; on the basis of the earlier judgment
rendered by the Coordinate Bench of this
Court in Writ Petition No.760 (M/S) of
2019, Nitendra Singh vs. State of
Uttarakhand and others whereby by virtue
of the judgment of 12.04.2019; while
allowing the writ petition, the respondents
were directed to consider the petitioner's
application for registration of the new
vehicle as per the decision of the District
Mining Committee dated 28.02.2020 and
29.09.2020, which required adherence of
certain principals for registration of new
vehicle to be utilized for the mining
activities, in which the petitioner is
engaged. Particularly for example, in this
contempt petition, the petitioner has
claimed for registration of his new vehicle
being Registration No.UK06 CB 3307, which
he wants to utilized, as against his Mining
License Registration No.NK 4339.
In this contempt petition, the Registry
has reported that there is a bar of Section
20 of the Contempt of Courts Act which has
been preferred beyond the prescribed
period of limitation. However, the counsel
for the parties and particularly Mr. V.K.
Kapruwan, Advocate, for the respondents
does not raise any serious objection on the
said issue. Hence, for the time being the
said objection raised, is ignored to be
considered.
The counsel for the parties agreed, to
the fact that the contempt petition, the
judgment sought to be enforced as against
the judgment referred above is covered by
an identical judgment, which had rendered
in a Contempt Petition No.656 of 2019,
Zameer vs. P.S. Bohra, as rendered by this
Court on 28.02.2020, as well as the
judgment dated 29.09.2020, which was
rendered by this Court in a bunch of
contempt petition with a leading contempt
petition being Contempt Petition No.85 of
2020, Farman vs. K.K. Upadhyay. It is not
in controversy and further the respondent's
counsel has admitted that the issue raised
in this contempt petition stand squarely
covered by the aforesaid two judgments
referred above. Hence, this contempt
petition too stands disposed of in terms of
the aforesaid judgment of 29.09.2020 as
rendered in Contempt Petition No.85 of
2020, Farman vs. K.K. Upadhyay.
Accordingly, the contempt petition is
closed and disposed of.
(Sharad Kumar Sharma, J.)
13.01.2021
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