CLCON/281/2018
2023 Latest Caselaw 681 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLCON No.281 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Mohd. Umar, Advocate for the petitioner.

Mr. J.S. Bisht, Standing Counsel for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner has sought enforcement of an order passed in WPSS No.77 of 2013. Perusal of the said order reveals that petitioner's writ petition was decided in terms of judgment dated 23.02.2011 passed in Special Appeal No. 131 of 2010.

Learned State Counsel has produced in Court today a copy of detailed judgment passed by Division Bench of this Court in SPA No. 3 of 2015, which is taken on record.

Perusal of the said judgment reveals that a view different from the one taken in SPA No. 131 of 2010 has now been taken.

In such view of the matter, this Court is of the considered opinion that this is not a case of wilful disobedience.

Accordingly, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged.

(Manoj Kumar Tiwari, J.) 17.03.2023 Arpan