Mahantu Ram vs Rakesh Gupta

Sandeep Sharma, J

By way of present petition filed under S. 17 of the Administrative Tribunals Act, 1985 read with S.12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner to initiate contempt proceedings against the respondent for willful and deliberate disobedience of order dated 22.4.2015 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 550 of 2015 titled Mahantu Ram vs. State of Himachal Pradesh and others.

Careful perusal of the order dated 22.4.2015 (Annexure C-1) reveals that erstwhile Himachal Pradesh Administrative Tribunal having taken note of the submission made by learned counsel for the petitioner that his case is squarely covered by judgment dated 28.7.2010 rendered by this Court in CWP No. 2735 of 2010, titled Rakesh Kumar vs. State of H.P. and Ors, directed the respondent to grant benefit of aforesaid judgment to the petitioner, in case, on verification, he is found to be similarly situate person, within three months from the date of production of a certified copy of the order by the petitioner.

Learned Additional Advocate General states that though he has every reason to believe that by now judgment/order dated 22.4.2015 must have been complied with by the respondent, but if not, same would be complied within a period of four weeks from today.

Having taken note of the fair stand adopted by Land Acquisition Act, this Court sees no reason to keep the present proceedings alive and same are disposed of with a direction to the respondent to do the needful, if not already done, in terms of order dated 22.4.2015, within a period of four weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondent fails to comply with the order in question. Notice issued to the respondent is discharged.