Nacchattar Singh Vs Pankaj Kumar, Hcs Municipal Commissioner Kurukshetra — Punjab & Haryana HC (2025) — LawSathi Research

Nacchattar Singh Vs Pankaj Kumar, Hcs Municipal Commissioner Kurukshetra — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition dismissed as not pressed after compliance report recorded acceptance of the petitioner's claim; respondent's counsel undertook release of necessary payment within one month; on default, petitioner may revive the contempt petition with personal costs of Rs.50,000/- on the erring officer; petitioner may also seek interest on delayed disbursal via representation to be decided by a speaking order.

Issue for consideration

Whether the respondent, Municipal Commissioner, Kurukshetra, had complied so as to secure release of the necessary payment in favour of the petitioner (subject matter of the contempt petition), with counsel undertaking payment within one month. +1 more

Court's answer

The compliance report of Sh. Pankaj Kumar, HCS, Municipal Commissioner, Kurukshetra, showing that the petitioner's claim has been accepted, is taken on record.

Ratio / Principle

In view of the respondents' undertaking that necessary payment shall be released within one month, learned counsel for the petitioner does not press the petition; the petition is dismissed as not pressed and rule stands discharged.

Key takeaways

Conditional direction: in case the needful (payment per undertaking) is not done within the aforementioned period, the petitioner would be at liberty to seek revival of the contempt petition.ratio¶11
On failure to comply within the stipulated period, the erring/concerned officer would be liable to pay Rs.50,000/- as cost(s) from his/her own pocket in favour of the petitioner towards litigation.ratio¶11
The petitioner is at liberty to move a representation before the respondent with respect to interest on delayed disbursal within two weeks; the same shall be considered and decided within four weeks thereafter (by a speaking order, to be communicated within a further two weeks) - the entitlement itself being left open for that process.

Detailed headnote1 paragraphs

COCP No.25 of 2025 (O&M) (Punjab & Haryana HC, Harkesh Manuja J., 04.02.2025): Contempt petition against the Municipal Commissioner, Kurukshetra dismissed as not pressed. A compliance report by affidavit recording acceptance of the petitioner's claim was taken on record; respondent's counsel undertook on instructions that the necessary payment would be released within one month. On default, the petitioner may seek revival of the contempt petition and the erring/concerned officer would bear Rs.50,000/- as litigation costs from personal funds. The petitioner may separately move a representation on interest for delayed disbursal within two weeks, to be decided by a speaking order within four weeks thereof and communicated within a further two weeks. Rule discharged.

1

COCP No.25 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

225-U

COCP No.25 of 2025 (O&M) Date of Decision: 04.02.2025 NACCHATTAR SINGH ......Petitioner Vs

PANKAJ KUMAR, HCS MUNICIPAL COMMISSIONER KURUKSHETRA.. …..Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. R.S. Mamli, Advocate for the p etitioner.

Mr. Vivek Saini, Advocate with Mr. Arnav Goel, Advocate for the r espondent. ****

HARKESH MANUJA, J. (Oral)

Co m pliance report by way of aff i davit of Sh. Pankaj Kumar, H C S, Municipal Co m missioner, Kurukshetra, Dist r ict Kurukshetra has been file d in Court, the sam e is taken on record. As per sa m e, the claim of the petitioner has been accepted.

Le a rned counsel representing the r espondent on instructions sub m its that necessary p ayment shall be released in f a vour of the petitioner within o ne month from tod a y.

In view of the aforesaid underta k ing by the respondent(s), lear n ed counsel for the p etitioner does not press the pre s ent petition. 4. Di s missed as not pressed. Rule sta n ds discharged.

Ho w ever, in case the needful is n o t done within the aforementio n ed period, as per t h e undertaking, the petitioner w o uld be at liberty to seek reviva l of contempt petiti o n and in that eventuality, the erring/concerned officer woul d be liable to pay a s um of Rs.50,000/- as cost(s) fr o m his/her own pocket in favou r of the petitioner to w ards litigation

Th e petitioner would also be at li b erty to move representation be f ore the respondent w ith respect to interest on delay e d disbursal within a period of t wo weeks from to d ay, the same shall be considered and decided within four w e eks thereafter from the date of its receipt by way o f passing a speaking order, w h ich shall be commu n icated to the petitioner within a period of two weeks thereafter.

(HARKESH MANUJA) February 04, 2025 JUDGE

Atik

Whether speaking/reasoned Yes/No Whether reportable Yes/No

MOHMED ATIK 2025.02.05 09:39 I attest to the accuracy and authenticity of this order/judgment