Punjab-Haryana High Court
Jagdish Chander vs Parshant Kumar Aggarwal on 21 March, 2022
Author: B.S. Walia
Bench: B.S. Walia
148 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
COCP-356-2022
Date of Decision :21.03.2022
Jagdish Chander ...Petitioner
Versus
Parshant Kumar Aggarwal ....Respondent
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr. S.K. Sharma, Advocate for the petitioner.
Mr. Pawan Kumar Longia, DAG, Haryana.
***
B.S. Walia, J. (Oral)
[1] Prayer in the petition under Sections 10 and 12 of the Contempt of Courts Act, 1971 is for initiating action against the respondent for intentional and willful defiance of order, Annexure P/1 dated 03.12.2021 in CWP No.15180 of 2021 in case titled as Jagdish Chander vs. State of Haryana and Ors.
[2] A perusal of order, Annexure P/1 dated 03.12.2021 reveals that CWP No. 15180 of 2021 was disposed of by directing the competent authority to decide appeal dated 30.07.2019 filed by the petitioner in accordance with law after taking into account all aspects of the matter including delay, if any, in filing the appeal within two months from the date of receipt of certified copy of the order. [3] Learned DAG has filed reply along with order, Annexure R/1 dated 12.03.2022 rejecting the appeal filed by the petitioner. The same is taken on record. Copy thereof supplied to learned counsel for the petitioner, who on perusal of the same states that in the circumstances, the petitioner is not interested in pursuing the contempt petition and the same may be 1 of 2 ::: Downloaded on - 01-05-2022 16:24:55 ::: COCP-356-2022 [2] disposed of as such with liberty to the petitioner to challenge order, Annexure R/1 dated 12.03.2022 by way appropriate proceedings in accordance with law.
[4] I have considered the submissions of learned counsel. [5] Admittedly, order, Annexure R/1 dated 12.03.2022 has been passed in compliance of order, Annexure P/1 dated 03.12.2021 in CWP No. 15180 of 2021.
[6] In the light of the position noted above as well as statement of learned counsel for the petitioner, no action under the Contempt of Courts Act, 1971 is called for against the respondent. [7] Accordingly, the contempt petition is disposed of as such while granting liberty to the petitioner to challenge order, Annexure R/1 dated 12.03.2022 by way of appropriate proceedings in accordance with law.
(B.S. Walia) Judge 21.03.2022 'Amit' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 01-05-2022 16:24:56 :::