Punjab-Haryana High Court
M/S The Jalandhar Cable Operator Wel Soc ... vs Najib Shah And Anr on 5 July, 2016
102
C.M. No. 12926-CII of 2016 in
COCP No. 3259 of 2015
M/s The Jalandhar Cable Operator Welfare Society and another
VS.
Najib Shah and another
Present: Mr. Kanwaljit Singh, General Secretary, Punjab Cable
Operators Welfare Association, on behalf of the petitioners.
***
Prayer in this application is for preponing of the hearing of the main contempt petition, which is now listed for hearing on 05.08.2016.
Mr. Kanwaljit Singh, General Secretary, Punjab Cable Operators Welfare Association, who is present in Court, states that the respondents are issuing show cause notices to the Cable Operators Service Providers and on the basis of the same, they are being called upon to appear in person and then decision is being taken, which is contrary to the order passed by this Court in CWP No. 12179 of 2015 titled as M/s The Jalandhar Cable Operator Welfare Society and another vs. Union of India and another, decided on 04.06.2015 (Annexure P-2).
A perusal of the said order would show that the Court had only passed an order without commenting upon the merits of the case directing the respondents to decide the representation dated 18.12.2014/11.05.2015 submitted by the petitioners and pass a speaking order thereon within a period of three weeks from the date of receipt of certified copy of the order. There is nothing in the said order which would indicate that the respondents cannot issue show cause notice in the process of decision of the representation or they cannot take any independent decision apart from the one which is a part of the representation. In case the applicant/petitioners are aggrieved by the action being taken by the respondents, they should take 1 of 2 ::: Downloaded on - 09-07-2016 00:08:49 ::: C.M. No. 12926-CII of 2016 in COCP No. 3259 of 2015 -2- appropriate steps in accordance with law but the relief, as has been sought to be claimed and prayed for in Court today giving it the name of early hearing application, cannot be accepted. The request, therefore, made in the application for early hearing and staying the decision on the show cause notices is hereby declined.
The application stands dismissed.
July 05, 2016 (AUGUSTINE GEORGE MASIH)
pj JUDGE
2 of 2
::: Downloaded on - 09-07-2016 00:08:50 :::