Contempt petition for non-compliance of a quashed Division Bench judgment was closed as the Supreme Court had quashed the underlying order, leaving no cause of action.
Contempt petition closed; notices discharged.
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CLCON No.246 of 2013 Hon’ble Sharad Kumar Sharma, J.
(via Video Conferencing)
Mr. Prem Prakash Bhatt, Advocate holding brief of Mr. Sanjay Bhatt, Advocate for the petitioner.
Mr. Ajay Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand.
The petitioner had filed this contempt petition seeking compliance of the judgment dated 22.04.2013 as passed by the Division Bench of this Court in Special Appeal No.239 of 2012, Km. Bachi Nath Raiswal vs. State of Uttarakhand and others.
Alleging its non compliance the contempt petition was filed by the petitioner on 12.08.2013. During its pendency, a response affidavit was filed by the respondents, whereby it was informed, that the respondents have approached the Hon’ble Apex Court in a SLP (Civil) No.10330 of 2014, State of Uttarakhand vs. Km. Bachi Nath Raiswal, and on account of its pendency since, there was an interim order granted on 18.07.2014, the proceedings of the contempt petition were deferred. When the matter was taken up on the last occasion i.e. on 22.09.2020, the respondents counsel was directed to collect the information about the decision rendered by the Hon’ble Apex Court.
The Additional Chief Standing Counsel Mr. Ajay Singh Bisht informs the Court that after the registration of the SLP, the leave was granted by the Hon’ble Apex Court and a Civil Appeal No.8571 of 2014 was registered, which has been allowed by the judgment of the Hon’ble Apex Court dated 08.09.2014 and as a consequence thereto, the Division Bench judgment dated 22.04.2013, the compliance of which has been sought in the present contempt petition, that has been quashed.
In view of the aforesaid decision of the Hon’ble Apex Court dated 08.09.2014, no cause as such survives now in the present contempt petition. The
contempt petition is accordingly closed. Notices issued to the respondents are hereby discharged.
(Sharad Kumar Sharma, J.) 29.09.2020
Arti
Km. Bachi Nath Raiswal
State of Uttarakhand
Sharad Kumar Sharma
As recorded by the court registry
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