Nitin Mittoo Vs Ram Pal Mittal and Others — Punjab & Haryana HC (2025) — LawSathi Research

Nitin Mittoo Vs Ram Pal Mittal and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt purged; rule discharged; pending application(s), if any, also disposed of.

Issue for consideration

Whether the order dated 13.03.2023 passed by the Division Bench of this Court in CWP-PIL-18-2023 has been complied with, so that the contempt alleged in COCP-1874-2023 (O&M) is purged.

Court's answer

In view of the compliance affidavit and steps detailed therein, the order dated 13.03.2023 passed by the Division Bench of this Court in CWP-PIL-18-2023 has already been complied with, and this fact is not disputed by learned counsel for the petitioner.

Ratio / Principle

Accordingly, the contempt is purged and the rule is discharged.

Detailed headnote1 paragraphs

CONTEMPT PETITION — COMPLIANCE OF PRIOR ORDER — COCP-1874-2023 (O&M): Nitin Mittoo v. Ram Pal Mittal and ors. Petition filed for alleged non-compliance of Division Bench order dated 13.03.2023 in CWP-PIL-18-2023 (whose operative part recorded that the authority concerned shall look into the matter and take a decision on the representations in accordance with law). Respondent No. 4 filed compliance affidavit dated 07.10.2023 of Amit Kumar Panchal, IAS, Commissioner, Municipal Corporation, Phagwara, detailing: reply to petitioner's legal notice dated 20.3.2023; meeting of four Gaushalas of Phagwara City (23.8.2022) and letter no.26342637 dated 17.8.2022; directions of then Commissioner Dr. Nayan Jassal (29.3.2023) to shift stray animals to Sultanpur Lodhi, Faridkot and Shahkot and to estimate a new Gaushala and Animal Catcher Vehicle; letters No.1244 d.2.5.2023 and no.1253 dated 3.5.2023 to Punjab Gau Sewa Commission and Deputy Commissioner, Kapurthala; report dated 4.5.2023 and agreement executed 16.5.2023 with Shree Radhey Krishna Gau Dham Trust (Regd.) Gaushala, village Kaind, Ludhiana (valid 1.6.2023 to 31.5.2026); 36 destitute cows shifted. Held: the 13.03.2023 order has already been complied with, a fact not disputed by learned counsel for the petitioner; accordingly the contempt is purged and rule discharged; pending applications disposed of. (Paras 4-6)

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 13.03.2023 of the Division Bench disposing of CWP-PIL-18-2023, recording that the authority concerned shall look into the matter and take a decision on the representations in accordance with law; non-compliance of this order is the basis of the present contempt petition.¶18
Division Bench, High Court of Punjab & Haryana at Chandigarh · 13.03.2023
Prior proceeding
In compliance of the 13.03.2023 order, reply by way of affidavit dated 07.10.2023 of Mr. Amit Kumar Panchal, IAS, Commissioner, Municipal Corporation, Phagwara filed on behalf of respondent No. 4.¶24
Prior proceeding
Petitioner served a copy of the 13.3.2023 order through Sh. Satnam Singh Thakur, Advocate vide legal notice dated 20.3.2023 (Annexure P-8, received 24.3.2023); respondent No. 4 responded vide office letter no.1046 dated 11.4.2023 by registered post (Annexure R-4/1) and by email on 11.4.2023 (Annexure R-4/2).¶25
Prior proceeding
Municipal Corporation, Phagwara called a meeting of four Gaushalas of Phagwara City on 23.8.2022 and sent them office letter no.26342637 dated 17.8.2022 asking their representatives to care for stray animals and arrange waste management of their Gaushalas.¶26
Prior proceeding
Dr. Nayan Jassal, the then Commissioner, MC Phagwara, vide office letter dated 29.3.2023 directed the Chief Sanitary Inspector to shift stray animals to Sultanpur Lodhi, Faridkot and Shahkot; also sought estimate from the Superintending Engineer for construction of a separate Gaushala and procurement of an Animal Catcher Vehicle and staff, and directed the Municipal Town Planner to find space for a new Gaushala.¶31
Prior proceeding
Vide office letter No.1244 d.2.5.2023 the then Commissioner sought a list of present Gaushalas from the Chairman, Punjab Gau Sewa Commission, Mohali; vide office letter no.1253 dated 3.5.2023 the Deputy Commissioner, Kapurthala was informed there is no government Gaushala within MC Phagwara jurisdiction.¶33
Prior proceeding
Chief Sanitary Inspector, MC Phagwara reported on 4.5.2023 that the Head of Shree Radhey Krishna Gau Dham Trust (Regd.) Gaushala, village Kaind, Ludhiana agreed to keep the destitute cows of the Corporation.¶34
Prior proceeding
Agreement containing terms and conditions, including expenditure to be met by the Corporation, executed with the Trust on 16.5.2023; valid from 1.6.2023 to 31.5.2026.¶38
Prior proceeding
As per the agreement, Municipal Corporation, Phagwara shifted 36 destitute cows from time to time to Shree Radhey Krishna Gau Dham Trust (Regd.) Gaushala, village Kaind, Ludhiana (photographs appended as Annexure R-4/3).¶39