CLCON/431/2020
2021 Latest Caselaw 6 UK

CLCON No.431 of 2020
Hon'ble Sharad Kumar Sharma, J.

Mr. D.S. Mehta, Advocate for the petitioner.

Mr. Anil Dabral, Additional Chief Standing Counsel for the State of Uttarakhand.

The petitioner being aggrieved against the notification of 22.08.2019, as was passed by the Secretary, Urban Development Department, Government of Uttarakhand by virtue of which the villagers of Tehsil Chaukhutia have been included in the Nagar Panchayat herein was put to challenge in Writ Petition No.3042 of 2019.

The Coordinate Bench of this Court by the judgment of 30.07.2020 had disposed of the writ petition with the direction to the Secretary, Urban Development Department to pass an appropriate order on the objection raised by the petitioner within a period of six weeks from the copy of the order was received by the respondent.

Alleging its non compliance, the petitioner has filed this contempt petition on 22.11.2020 on which the notices were issued and the respondents have filed a compliance affidavit under the affidavit of Mr. Shailesh Bagauli, the Secretary, Urban Development Department wherein he has annexed a decision of 06.12.2020 whereby the objection of the petitioner in compliance of the direction issued by the judgment of 30.07.2020 has been considered and the same has been decided.

The petitioner contends that the reference made in para 5 in fact, is not a decision on his objection but rather it makes a reference of the decision rendered on the objection raised by the other villagers. His contention may not be correct for the reason being that while making a reference of deciding the objections, it was in the light of the directions issued in the petitioner's writ petition on 30.07.2020. Hence, as far as the order dated 16.12.2020 is taken into consideration in its entirety, the decision as rendered by the Coordinate Bench of this Court on 30.07.2020 has been complied with and the respondents have decided the objection by virtue of the Order No1834/IV(3)/2019- 1(11?kks)/2018.

In view of the said decision, I am of the view that directions given by this Court for deciding the objection of the petitioner has been complied with.

Consequently, the contempt petition is closed. Notice issued to the respondent is discharged.

However, it would be without prejudice to the rights of the petitioner to adjudicate his grievance before an appropriate forum, as available to him under the law, if at all he has any grievance left as against the order of 16.12.2020.

(Sharad Kumar Sharma, J.) 04.01.2021 Arti