CLCON/399/2019
2021 Latest Caselaw 4828 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 30TH DAY OF NOVEMBER, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

      Contempt Petition No. 399 of 2019
BETWEEN:

Jagdish Chandra Joshi                 ... Petitioner
      (By Mr. Akshay Joshi, Advocate holding brief of Mr.
      Sandeep Kothari, learned counsel for the petitioner)

AND:

Ishwar Singh Rawat                    ... Opposite Party

      (By Mr. Himanshu Negi, Advocate holding brief of Mr.
      Navnish Negi, learned counsel for the opposite party)


                      JUDGMENT

1. This contempt petition has been filed alleging willful disobedience of an interim order dated 13.06.2019 passed in WPMS No. 2288 of 2018.

2. By the said order, Nagar Palika Parishad, Bhowali, was restrained from raising any construction over the land on which alleged encroachments were demolished.

3. From the averments made in the counter affidavit and also the documents brought on record along with counter affidavit, this Court is satisfied that this is not a case of willful disobedience of the order passed by Writ Court.

4. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged.

(Manoj Kumar Tiwari, J.) Aswal