Uttarakhand High Court
Bench Of This Court In Writ Petition No. ... vs State Of Uttarakhand And Others. By ... on 15 September, 2020
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
CLCON No. 244 of 2020 Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing) Mrs. Neetu Singh, Advocate for the applicants.
Mr. Ajay Singh Bisht, Addl. C.S.S. for the State of Uttarakhand.
The petitioners have preferred this Contempt Petition on 31st July, 2020, alleging non compliance of the judgment dated 18th May, 2020, as rendered by the Coordinate Bench of this Court in Writ Petition No. 499 of 2020, Raghuveer Singh and another Vs. State of Uttarakhand and others. By virtue of the direction issued by the Coordinate Bench, the Secretary, Irrigation Department, Government of Uttarakhand was directed to decide the representation of the petitioners dated 20th March, 2020, by a speaking order within a period of six weeks.
The grievance of the petitioners in the Contempt Petition was that despite of the service of the order by his correspondence dated 28th May, 2020, the order was not complied with, hence, the Contempt Petition.
In the Contempt Petition, notices were issued to the respondent on 5th August, 2020, and in response thereto, the respondent had filed compliance affidavit on 14th September, 2020, wherein, in the compliance affidavit filed by Mr. Nitish Kumar Jha, Secretary, Irrigation Department, he has appended a copy of the order dated 24th August, 2020, which is the decision taken on the representation in pursuance to the direction issued by this Court, and as a consequence thereto, the representation of the petitioners has been decided.
So far the present Contempt Petition is concerned, it has been limited to the enforcement of the judgment as rendered by the Coordinate Bench of this Court on 18th May, 2020, I am of the view that the same has been complied with because the decision on the representation has already been taken.
However, in case if the petitioners still has any grievance as against the decision No. 723/11 (1)-2020-06 (12)/2020 dated 24th August, 2020, as passed by the Secretary, Irrigation Department, the petitioners may have their recourses as available to them under law.
Subject to the aforesaid liberty, since the judgment has been complied with and the decision has already been taken on the representation of the petitioners, the Contempt Petition is closed. Notices issued to the respondent is hereby discharged.
(Sharad Kumar Sharma, J.) Dated 15.09.2020 Shiv