CLCON/77/2021
2021 Latest Caselaw 584 UK

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


        CONTEMPT PETITION No. 77 of 2021

 BETWEEN:

 Sohan Lal Kanswal and others.                  ....Petitioners
       (By Mr. Rajendra Dobhal, Senior Advocate, assisted by
       Mrs. Rangoli Purohit Dobhal, Advocate, holding brief of
       Mr. Shubhang Dobhal, Advocate)

 AND:
 Iva Ashish Srivastava,
 Director Rehabilitation Directorate/
 District Magistrate, Tehri Dam,
 District Tehri Garhwal.                      ......Respondent
       (There is no representation for the respondent)


                          JUDGMENT

According to the petitioners, they are oustee of Tehri Dam Project and they were allotted residential plots in District Haridwar. Despite allotment, possession of the land was not given to them, therefore, they filed Writ Petition (M/S) No. 2110 of 2010, which was disposed of by Writ Court vide order dated 27.04.2012. Operative portion of the said order is extracted below:

"16. All the four writ petitions are allowed with no order as to costs. A writ of mandamus is issued to the respondents to handover possession of the plots allotted to the petitioners in the allotment order dated 29-6-2010 within a period of eight weeks from the date of production of a certified

copy of this order before the Director Rehabilitation, Tehri Dam Project, New Tehri."

2. This Contempt Petition has been filed alleging willful disobedience of the said order dated 27.04.2012 passed in Writ Petition (M/S) No. 2110 of 2010.

3. It is contended that, despite service of the said order within stipulated time, no effort has been made by the opposite party towards compliance thereof.

4. In this Contempt Petition, prayer has been made to punish the opposite party for violating the order of this Court.

5. Having regard to the facts & circumstances of the case, this Court thinks it appropriate that, before issuing contempt notice, one opportunity be given to the opposite party to look into the matter and take appropriate decision.

6. Accordingly, the Contempt Petition is disposed of with liberty to petitioners to approach the opposite party by filing a representation. If such a representation is made within two weeks from today, the opposite party shall look into the claim of the petitioners, in the light of the order passed by Writ Court, and take appropriate decision, in accordance with law, within a period of four months from the date of receipt of representation alongwith certified copy of this order.

7. Petitioners shall be at liberty to approach this Court, if their grievance still survives.

(MANOJ KUMAR TIWARI, J.) Arpan