The Court dismissed a contempt application alleging disobedience of an interim order regarding transit fees, noting that the interim order had merged with the final judgment passed in Writ Petition No. 327 of 2008.
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4728 of 2011
Applicant :- M/S Pappu Coal Master Opposite Party :- Ravinder Bahadur D.F.O. And Others Counsel for Applicant :- Aloke Kumar Counsel for Opposite Party :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Aloke Kumar, learned counsel for the applicant and Sri B.N. Mishra, learned counsel for the opposite parties.
This contempt application has been filed alleging disobedience of the interim order passed by the writ court staying recovery of transit fee provided the petitioner gives an undertaking to the concerned Regional Forest Officer that the applicant will pay the due transit fee in the event it is upheld. After few months, the levy of transit fee was upheld by a Division Bench of this court in the leading Writ Petition No.327 of 2008 (N.T.P.C. vs. State of U.P. and others), decided on 11.11.2011, along with several writ petitions, which includes the writ petition of the applicant. Thus, the interim order merged with the final judgment passed by this court on 11.11.2011 and no interim order survives thereafter.
In view of the aforesaid, I do not find any good reason to proceed further in this contempt application. Consequently, the contempt application is dismissed .
Order Date :- 19.11.2019 NLY
1 issue framed by the court
Whether the applicant is in contempt for allegedly disobeying an interim order now merged with a final judgment.
Colour shows how this judgement treated each authority
N.T.P.C. vs. State of U.P. and othersExplained¶6
Writ Petition No.327 of 2008 (N.T.P.C. vs. State of U.P. and others), decided on 11.11.2011
M/S Pappu Coal Master
Ravinder Bahadur D.F.O.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
