Pradeep Kumar Mishra vs Pankaj Upadhyaya And Another

Manoj Kumar Tiwari, J

This Contempt Petition has been filed alleging willful disobedience of the order dated 31.08.2015 passed by Writ Court in WPMS No. 2167 of 2015. Operative portion of the said judgment is reproduced below:

"Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand/respondents submits that let petitioner moved a detailed representation before respondent no. 2 with advance copy to Collector, Nainital within ten days from today annexing therewith copies of the application moved under Section 41 of the U.P. Land Revenue Act and order passed by this Court and report submitted by Survey Amin whereupon appropriate decision shall be taken thereon preferably within next thirty days.

Ordered accordingly."

Learned Standing Counsel has produced in Court today the communication issued by office of S.D.M., Haldwani on 13.03.2021, which is taken on record. Perusal of the said communication indicates that decision on petitioner's application, filed under Section 41 of Land Revenue Act, has been taken on 12.03.2021.

Since the only direction, which was issued to the appropriate authority, was to take decision on petitioner's application under Section 41 of Land Revenue Act within stipulated time and now decision has been taken, as reported by learned Standing Counsel, therefore, nothing survives in this Contempt Petition.

Accordingly, the Contempt Petition is closed.

Contempt notices issued to the respondents are hereby discharged.

Let a certified copy passed on petitioner's application shall be supplied to the petitioner, within 8 hours', as petitioner's counsel has informed the Court that petitioner has already made an application for obtaining the certified copy before the Competent Authority.