Uttarakhand High Court

CLCON/124/2013 of Om Prakash Vs Lt. General Anil Chait on 31 December 2013

COURT OF UTTARAKHAND AT NAINITAL Contempt Petition No. 124 of 2013 Om Prakash … Petitioner Vs Lt. General Anil Chait … Respondents Mr. Rajendra Dobhal, Senor Advocate assisted by Mr. G.D. Joshi, Advocate, present for the petitioner Mr. R.C. Arya, Standing Counsel, present for the

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Contempt Petition No. 124 of 2013

Om Prakash

… Petitioner

Vs

Lt. General Anil Chait … Respondents

Mr. Rajendra Dobhal, Senor Advocate assisted by Mr. G.D. Joshi, Advocate, present for the petitioner Mr. R.C. Arya, Standing Counsel, present for the State of Uttarakhand Hon’ble Sudhanshu Dhulia, J. (Oral)

1. The petitioner alleges a willful disobedience of an order dated 30.03.2010 passed in WPMS No. 919 of 2009 wherein the respondent was directed to consider the representation of the petitioner.

2. Since the matter has not been considered by the respondent, the petitioner has filed the present contempt petition.

3. Now the respondent has considered and rejected the case of the petitioner. From the perusal of the order dated 30.03.2010 it appears that there was no clear direction of this Court to grant the approval to the petitioner for opening a petrol pump. Moreover, the contempt petition is also barred by limitation as the order was passed on 30.03.2010 whereas the present contempt petition has been filed on 22.05.2013. Therefore, the contempt petition is barred under Section 20 of the Limitation Act. Although it may still give a cause of action to the petitioner to file a fresh writ petition challenging the grounds on which his representation has been rejected, but definitely no contempt is made out.

4. Accordingly, the contempt petition is dismissed. Notices are also hereby discharged.

31.12.2013 Aswal

(Sudhanshu Dhulia, J.)

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