High CourtsSingle Bench

Swarn Singh vs K.K. Upadhyaya & Another

Uttarakhand High Court · Decided on 1 March 2021 · Citation: (2021) 03 UK CK 0004

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Contempt Petition No. 70, 71, 41, 43, 44, 45, 46, 47, 48, 49, 50 Of 2021
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Judgment

22 paragraphs · 417 words

Manoj Kumar Tiwari, J

1.

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. 70 of 2021 are being considered.

2.

Writ Petition (M/S) 1599 of 2019 filed by the petitioner was disposed of in terms of the judgment dated 08.09.2020 rendered in WPMS No. 67 of

2020 and petitioner was granted liberty to make fresh application for registration of his new vehicle, in place of old one, within ten days. The District

Mining Committee was directed to consider petitioner’s application and take appropriate decision within six weeks thereafter, after inviting

objections from Divisional Logging Manager, Nandhaur Mining Division, Uttarakhand Forest Development Corporation.

3.

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.

4.

Petitioner’s counsel was asked to serve notice of the contempt petition upon Mr. V.K. Kaparuwan, Advocate for Uttarakhand Forest

Development Corporation.

5.

Mr. V.K. Kaparuwan, learned counsel for the opposite party no. 1, 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.

6.

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.

7.

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

8.

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.