M/s Sunrise Technobuild LLP vs Vinod Kumar Suman And Another

Manoj Kumar Tiwari, J

Petitioner filed Writ Petition (M/S) No. 896 of 2017, which was disposed of by Division Bench of this Court vide judgment dated 05.12.2019.

Operative portion of the said judgment is extracted below:

“9. In so far as Writ Petition (M/S) No. 302 of 2008, Writ Petition (M/S) No. 939 of 2008, Writ Petition (M/S) No. 1030 of 2010, Writ Petition

(M/S) No. 896 of 2017, Writ Petition (M/S) No. 911 of 2018, filed by some individuals and firms, are concerned, suffice it to direct both the U.P.

Parishad and the Uttarakhand Parishad to examine the claim of the petitioners in these Writ Petitions, and take a decision thereupon at the earliest

and, in any event, within three months from the date of production of a certified copy of this order. The decision taken jointly, by both the Parishads or

by the Commissioners representing them, shall be communicated to the petitioners, in the aforesaid Writ Petitions, within the aforesaid period of three

months.â€​

In this Contempt Petition, petitioner has alleged willful disobedience of the aforesaid direction issued in the judgment.

Alongwith the compliance affidavit, decision taken by Housing Commissioner, Uttarakhand Awas Evam Vikas Parishad, on 19.02.2021, has been

enclosed as Annexure A-9. Perusal of the said order indicates that the allotment of land, made by U.P. Awas Evam Vikas Parishad in favour of the

petitioner, has been declared to be null and void and it has been further provided that the sale consideration, paid by the petitioner for allotment of the

said land, shall be refunded to him with interest, after re-auction of the land.

Since a decision has been taken by the Competent Authority i.e. Housing Commissioner, Uttarakhand on petitioner’s representation, therefore,

in the humble opinion of this Court, this is not a case of willful disobedience of the order passed by Division Bench of this Court.

In such view of the matter, no case for proceeding under Contempt of Courts Act against the respondents is made out.

Accordingly, the Contempt Petition is dismissed. Contempt notices issued against the respondents are hereby discharged.

However, petitioner shall be at liberty to approach the appropriate forum, if he is aggrieved by the order dated 19.02.2021 passed by Housing

Commissioner, Uttarakhand Awas Evam Vikas Parishad.