CLCON/210/2018
2021 Latest Caselaw 3748 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
     ON THE 20TH DAY OF SEPTEMBER, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Contempt Petition No. 210 of 2018
BETWEEN:

Raghunath Samaddar.                             ....Petitioner
      (By Mr. Mohit Kumar, Advocate)
AND:

Neeraj Khairwal & others                    ...Respondents
       (By Mr. Pradeep Hairiya, Standing Counsel for the State of
       Uttarakhand)




                         JUDGMENT

Writ Petition (M/S) No. 2091 of 2017 filed by the petitioner was disposed of with a direction to District Magistrate, Udham Singh Nagar to take decision on petitioner's representation by passing a speaking order within fifteen days.

2. In the compliance affidavit, filed by District Magistrate, Udham Singh Nagar, it has been stated in paragraph no. 6 that pursuant to order of Writ Court, speaking order has been passed on 08.02.2018. Copy of the order dated 08.02.2018 has been brought on record as Annexure-2 to the compliance affidavit.

3. Petitioner's counsel submits that District Magistrate had found substance in the

representation made by the petitioner and had directed the Executive Officer, Nagar Panchayat, Shaktigarh to construct a slab over the drain so that tractor may reach petitioner's land, however, the direction issued by District Magistrate has not been complied with so far. If that is so, then petitioner shall be at liberty to approach the Executive Officer of the concerned Nagar Panchayat by making a representation and the Executive Officer shall do the needful in terms of the order passed by District Magistrate, within six weeks.

4. Since direction to the District Magistrate has been complied with, therefore, nothing survives in this contempt petition.

5. Accordingly, the Contempt Petition is closed. Contempt notice issued to respondent no. 1 is hereby discharged.

(MANOJ KUMAR TIWARI, J.) Navin