Prakash Chandra Harbola vs State Of Uttarakhand
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Uttarakhand High Court

Prakash Chandra Harbola vs State Of Uttarakhand on 15 February, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

HIGH COURT OF UTTARAKHAND AT NAINITAL
         Civil Contempt Petition No.532 of 2021

Prakash Chandra Harbola                          ........Petitioner

                             Versus

State of Uttarakhand                          ........Respondent
Present:-
      Mr. Bhagwat Mehra, Advocate for the petitioner.
      Mr. C.S. Rawat, C.S.C. for the State.

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner has brought to the notice of the

Court that the judgment and order dated 23.09.2021

passed in WPSS No.2899 of 2018, Prakash Chandra

Harbola vs. State of Uttarakhand and others, ("the

petition") has been wilfully disobeyed by the respondents

contemnors.

2. This matter was heard on multiple occasions.

On 19.12.2023, this Court issued notice to respondent

no.1 for appearing personally before this Court to

proceed against him for contempt of court. Now, an

application seeking exemption for personal appearance

has been filed on the ground that he is not currently

holding the position of Secretary which deals in the

instant matter.

3. Learned C.S.C. gives a statement that the

order dated 23.09.2021 passed in the petition has been

complied with and an office memorandum dated

09.02.2024 have been issued by the Government of

Uttarakhand.

4. A copy has also been served to the learned

counsel for the petitioner who admits that the orders

have been complied with subject to decision of the

Special Appeal.

5. Respondent no.1 does not need to appear

personally. Since, it is reported to the Court that the

judgment and order dated 23.09.2021 passed in the

petition has been complied with, nothing survives in the

contempt petition and the case is closed.

6. Learned C.S.C. also gives a statement that

during this financial year, the payment shall be made.

The Court takes on record the statement of learned

C.S.C.

7. Miscellaneous Application No.5 of 2024 stands

disposed of accordingly.

(Ravindra Maithani, J) 15.02.2024 Ravi