Surinder Pal vs Ram Subhag Singh

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against respondents for having willfully and knowingly violated the direction contained in order dated 7.12.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA (M) No. 621 of 2017 titled Surinder Pal v. State of Himachal Pradesh and others, whereby a direction was issued to the respondents to consider the case of the petitioner in light of decision rendered by the Tribunal in OA No. 34 of 2016 titled Devki Devi v. State of Himachal Pradesh, decided on 5.7.2017. Since despite there being aforesaid direction, needful never came to be done by the respondents, petitioner has approached this court for initiation of contempt proceedings against the respondents.

Pursuant to the notice issued in the instant proceedings, respondent No.2 has filed its reply, perusal whereof reveals that in compliance to order dated 7.12.2017, case of the petitioner was considered in light of Devki Devi supra and respondents, after having found case of petitioner similar to that Devki Devi referred the same to the Addl. Chief Secretary (Forests) to the Government of Himachal Pradesh. Documents annexed with the compliance affidavit reveal that the order in question stands duly complied with and nothing remains to be adjudicated in the present proceedings.

On 26.7.2022 matter was adjourned enabling learned counsel for the petitioner to have instructions with regard to compliance of the order, but learned counsel for the petitioner has not been able to obtain the required instructions. However, this court having perused the compliance affidavit and documents annexed thereto is convinced and satisfied that that the order alleged to have been violated stands complied with and as such, the present proceedings are closed. Notice issued to the respondents is discharged. However, the petitioner shall be at liberty to file appropriate proceedings, before appropriate court of law, if he still remains aggrieved.