CLCON/169/2006
2021 Latest Caselaw 3450 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
          ON THE 3rd DAY OF SEPTEMBER, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          Civil Contempt Petition No.169 of 2006

BETWEEN:

     Smt. Laxmi Devi                                    .....Petitioner
       (None present)


AND:

     Naresh Chandra Atri & Ors.                    .....Respondents

       (Mr. Pradeep Hairiya, Standing Counsel for the State)


                            JUDGMENT

Writ Petition No.1119 (S/S) of 2002 filed by the petitioner was allowed vide judgment dated 09.05.2005 and respondents were directed to consider claim of the petitioner for compassionate appointment under the Dying in Harness Rules. Said judgment was affirmed in SPA No.63 of 2005. Since the order passed by Writ Court was not being complied with, therefore, petitioner filed this contempt petition in the year 2006.

2. A counter affidavit has been filed on behalf of respondent no.3. Interim order dated 04.09.2006 passed in SLP No.5421 of 2006 has been brought on record alongwith the said counter affidavit.

3. Perusal of said order dated 04.09.2006 indicates that Hon'ble Supreme Court has stayed further proceedings in the contempt matter before this Court. Today, learned Standing Counsel has apprised the Court that SLP No.5421 of 2006 filed by the State against the judgment rendered by learned Single Judge, as affirmed by Division Bench of this Court, has been allowed. In support of this, learned Standing Counsel has produced in Court the information downloaded from the official website of Hon'ble Supreme Court.

4. Since the order passed by Writ Court does not exist anymore in view of judgment rendered by Hon'ble Supreme Court, therefore, present contempt petition is closed. Notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Rajni