Roshan Jahan vs K.K. Upadhayay

Manoj Kumar Tiwari, J

Since common questions of fact and law are involved in these contempt petitions, therefore, these petitions are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of Contempt Petition No. 167 of 2021 are being considered.

Writ Petition (M/S) 1351 of 2019 filed by the petitioner was disposed of in terms of the judgment dated 12.04.2019 rendered in WPMS No.760 of 2019 and respondent no. 4 was directed to permit the petitioners to replace their old vehicles with new ones and register the new vehicles of the petitioner for mining work within three weeks.

In the contempt petition, it is alleged that no decision has been taken on petitioner's application, even after expiry of deadline fixed in the order.

Mr. V.K. Kaparuwan, learned counsel for the opposite party, on instructions, submits that the documents submitted by the petitioner with his application were sent for verification to the Transport Authority and since the documents have not come back, upon verification, therefore, this delay is being caused in taking decision on petitioner's application.

Learned counsel for the petitioner has placed reliance upon an order dated 29.09.2020 passed in Contempt Petition No. 85 of 2020, whereby bunch of contempt petitions were disposed of. He submits that the present contempt petition be also disposed of in terms of the said order.

Mr. V.K. Kaparuwan, learned counsel for Uttarakhand Forest Development Corporation has no objection, if such order is passed.

In view of the consensus between the parties, the contempt petitions are disposed of with the following directions:-

(i) Petitioners would file an affidavit indicating that all their documents, regarding the vehicle(s) to be registered, are in order.

(ii) Petitioners shall also verify that all the particulars given in the documents furnished by them with their applications are correct.

(iii) Petitioners shall also file all the necessary documents in the required format for registration of the new vehicle.

(iv) Subject to deposit of all necessary documents by the petitioners, within two weeks from the date of production of certified copy of this order, District Mining Committee shall consider petitioners application(s), within a period of three weeks.