Anand Ballabh Melkani & Others vs K.K. Upadhyay

Manoj Kumar Tiwari, J

Heard learned counsel for the parties.

These contempt petitions have been filed alleging non-compliance of the final order dated 13.03.2020 passed by Writ Court in WPMS No. 647 of 2020 & WPMS No. 651 of 2020. Relevant extract of judgment rendered in WPMS No. 647 of 2020 is reproduced below:-

“Accordingly, the writ petition is disposed of with direction to Divisional Logging Manager, Mining Division, Nandhaur to examine the matter and take appropriate decision regarding petitioner’s request for renewal of registration, in accordance with law, within four weeks from the date of production of certified copy of this order.”

Learned counsel appearing for petitioner submits that these Contempt Petitions may be disposed of in terms of order passed by this Court in Contempt Petition No. 11 of 2022, which was also filed for non-compliance of a similar order regarding renewal of registration passed by Writ Court.

Mr. V.K. Kapruwan, learned counsel appearing for respondent submits that he has no objection if the contempt petitions are disposed of in terms of the order passed in Contempt Petition No. 11 of 2022.

In view of the consensus between learned counsel for the parties, present Contempt Petitions are disposed of with the following directions:-

(i) Petitioner would file an affidavit stating that the vehicle sought to be registered is in perfect roadworthy condition with functional tail lights, headlights, reflectors etc. It shall also be stated in the affidavit that vehicle is equipped with side guards beneath the body on rear and both sides, to rule out possibility of any passer by getting accidently crushed under the wheels of the vehicle. Petitioner shall also enclose a certificate to this effect, issued by concerned Regional Transport Officer.

(ii) Petitioner shall also give an undertaking that if any incorrect information is furnished in the affidavit, then he shall be liable not only for cancellation of registration of the vehicle in question, but also to pay fine to District Mining Committee, which may extend to Rs. 1,00,000/-.

(iii) Petitioner shall also file other requisite documents in the prescribed format, for registration of the new vehicle.

(iv) Subject to submission of all necessary documents and affidavit/s by the petitioner within two weeks from today, District Mining Committee shall consider petitioner’s application, and pass appropriate order within four weeks thereafter.

Contempt notice issued to respondents is hereby discharged.