CLCON/506/2020
2021 Latest Caselaw 632 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
          ON THE 3RD DAY OF MARCH, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        CONTEMPT PETITION No. 506 of 2020

 BETWEEN:

 Kailash Singh & another.                       .......Petitioners
       (There is no representation for the petitioners)

 AND:
 Union of India & another.                    ....Respondents
       (Mr. Rakesh Thapliyal, Assistant Solicitor General with
       Mrs. Monika Pant, Standing Counsel for Union of India/
       respondent no.1 and Mr. Rajesh Sharma, Advocate for
       respondent no. 2)


                         JUDGMENT

Writ Petition (S/S) No. 1585 of 2013 filed by the petitioners was disposed of by Writ Court vide judgment dated 21.10.2019, with a direction to Secretary, Ministry of Environment & Forests, Government of India, to take a decision on granting temporary status to the petitioners, or at least some of them, within a period of ten weeks from the date of production of certified copy of the order.

2. It is alleged in the Contempt Petition that the said order has been violated.

3. Compliance affidavits have been filed by respondent nos. 1 & 2. The order passed by the Competent Authority in the matter on 20.12.2019 has

been brought on record as Annexure No. CA-1 to the compliance affidavit filed by Secretary, Ministry of Environment & Forests, Government of India.

4. From the perusal of the order, it is apparent that the Competent Authority in the Central Government has considered the matter in the light of direction issued by Writ Court and has declined to grant temporary status to the petitioners.

5. Since the only direction was to consider grant of temporary status to the petitioners and such consideration has been made and petitioners' claim has been rejected.

6. In such view of the matter, this Court is of the considered opinion that this is not a case of willful disobedience of the order passed by Writ Court. If petitioners are aggrieved by rejection of their claim, then their remedy lies elsewhere.

7. Accordingly, the Contempt Petition is closed with liberty to petitioners to approach the appropriate forum for redressal of their grievance, if any.

8. Contempt notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Arpan