Disposed

Manjeet Singh and Anr. v. Ashish Kohali

Himachal Pradesh HC8 Jul 2022COPC/195/2022

Case brief

AI extract

What is this about?

In a Contempt Petition alleging non-compliance with an interim order dated 10.03.2022 regarding statutory proceedings, the Court found that the alleged order had been duly complied with. Consequently, the proceedings were closed with liberty to file appropriate proceedings against the consideration order.

What did the court decide?

The impugned Contempt Petition proceedings were closed as the alleged violation was found to be complied with.

Manjeet Singh and Anr. Vs Ashish Kohali — Contempt of Court | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 8^th DAY OF JULY , 2022 BEFORE

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HON’BLE MR. JUSTICE SANDEEP SHARMA CIVIL ORIGINAL PETITION CONTEMPT No. 195 OF 2022

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Between:

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1. SH. MANJEET SINGH S/O LATE SH. SUNKA RAM, AGED 47 YEARS, R/O PLEASANT COTTAGE NEAR CHILDREN PARK SANJAULI SHIMLA-6, PRESENTLY WORKING AS MAZDOOR TAX DEPARTMENT MC SHIMLA.

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2. SH. RAM ASRA S/O SH. RAM SINGH AGED 44 YEARS, R/O VILLAGE CHINA P.O. DHALI, TEHSIL AND DISTRICT SHIMLA, H.P. PRESENTLY WORKING AS MAZDOOR IPH/WATER WORKS DEPARTMENT MC SHIMLA.

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….PETITIONERS

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(BY MR. GUNA NAND VERMA, ADVOCATE) AND

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SH. ASHISH KOHALI COMMISSIONER MUNICIPAL CORPORATION, THE MALL SHIMLA-1, H.P.

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….RESPONDENT

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(MR. SHUBHAM SOOD, ADVOCATE)

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Whether approved for reporting?

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This petition coming on for orders this day, the Court passed the following :

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O R D E R

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By way of present Contempt Petition, prayer has been made on

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behalf of the petitioners for initiation of contempt proceedings against the

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respondent for his having intentionally and deliberately disobeyed the directions contained in order dated 10.03.2022, passed by this Court in CWPOA No.2654 of 2020 , whereby direction was issued to the respondent-MC to consider and decide the case of the petitioners in light of judgment dated 9.8.2011 passed by this Court in CWP(T) No.8810 of 2008, titled as Ramesh Chander Thakur vs. MC. Shimla and Ors . But since no action, if any, ever came to be taken at the behest of the respondent to comply with the aforesaid order, petitioner was compelled to approach this Court in the instant proceedings.

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Mr. Shubham Sood, Advocate appears and waives notice on behalf of the respondent. He, on instructions, states that after filing of the petition at hand, consideration order dated 23.05.2022 has been passed by the authority concerned, but since petitioner has been not found similarly situate to the case of Ramesh Chander Thakur case (supra), his representation has

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been rejected.

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Having perused the copy of consideration order, which is taken on record, this Court finds that the order alleged to have been violated stands duly complied with and as such, northing remains to be adjudicated in the present petition.

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Consequently, in view of the above, this Court sees no reason to keep the present proceedings alive and as such, same are accordingly closed. However, liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, laying therein challenge to consideration order passed by the respondent in purported compliance of order alleged to have been

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violated, if required and desired. Notice issued to the respondent is hereby

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discharged accordingly.

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8^th July, 2022 (Sandeep Sharma), (shankar) Judge

Manjeet Singh and Anr. v. Ashish Kohali

Case brief

What is this about?

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Manjeet Singh and Anr. v. Ashish Kohali

Case brief

What is this about?

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