Disposed

Farman Hussain v. K K Upadhayay

Uttarakhand HC29 Sept 2020CLCON/85/2020

Case brief

AI extract

What is this about?

Registration of replacement vehicles for mining activities was sought through 62 contempt petitions. By consent, the court closed the petitions and directed the Committee to consider applications within three weeks after timely submission of affidavits and required documents. Notices were discharged, with liberty to re-approach the court if registration was denied.

What did the court decide?

Committee directed to consider registration applications within three weeks after timely submission of required documents; liberty reserved to re-approach the court upon denial.

Farman Hussain Vs K K Upadhayay — Mining and Natural Resources | Uttarakhand HC (2020)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Contempt Petitiion No. 85 of 2020 With 1. Farman Hussain ..…Applicant Versus K.K. Upadhayay .…Respondent With

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Contempt Petition No. 44 of 2020, Darshan Kumar Vs. K.K. Upadhayay

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Contempt Petition No. 45 of 2020, Cheda Lal Vs. K.K. Upadhayay

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Contempt Petition No. 46 of 2020, Bhdh Sen Vs. K.K. Upadhayay

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Contempt Petition No. 47 of 2020, Mohd. Akram Vs. K.K. Upadhayay

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Contempt Petition No. 48 of 2020, Sanjeev Kumar Vs. K.K. Upadhayay

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Contempt Petition No. 49 of 2020, Ahamad Yar Khan Vs. K.K. Upadhayay

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Contempt Petition No. 50 of 2020, Nitendra Singh Vs. K.K. Upadhayay

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Contempt Petition No. 51 of 2020, Virendra Kumar Vs. K.K. Upadhayay

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Contempt Petition No. 63 of 2020, Pradeep Kumar Bhatt Vs. K.K. Upadhayay

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Contempt Petition No. 64 of 2020, Amir Ahmad Vs. K.K. Upadhayay

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Contempt Petition No. 65 of 2020, Om Prakash Vs. K.K. Upadhayay

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Contempt Petition No. 66 of 2020, Jeewan Singh Vs. K.K. Upadhayay

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Contempt Petition No. 67 of 2020, Gagan Deep Singh Vs. K.K. Upadhayay

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Contempt Petition No. 76 of 2020, Koshlya Devi Vs. K.K. Upadhayay

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Contempt Petition No. 77 of 2020, Ram Singh Vs. K.K. Upadhayay

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Contempt Petition No. 78 of 2020, Indra Singh Vs. K.K. Upadhayay

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Contempt Petition No. 79 of 2020, Prakash Vs. K.K. Upadhayay

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Contempt Petition No. 80 of 2020, Guru Sahib Singh Vs. K.K. Upadhayay

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Contempt Petition No. 84 of 2020, Jiledar Khan Vs. K.K. Upadhayay

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Contempt Petition No. 86 of 2020, Akbar Khan Vs. K.K. Upadhayay

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Contempt Petition No. 87 of 2020, Irfan Vs. K.K. Upadhayay

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Contempt Petition No. 88 of 2020, Rajesh Dhami Vs. K.K. Upadhayay

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Contempt Petition No. 89 of 2020, Ganesh Singh Dhami Vs. K.K. Upadhayay 25. Contempt Petition No. 90 of 2020, Said Kha Vs. K.K. Upadhayay

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Contempt Petition No. 91 of 2020, Nisar Ahmd Vs. K.K. Upadhayay

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Contempt Petition No. 92 of 2020, Mahipal Singh Vs. K.K. Upadhayay

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Contempt Petition No. 103 of 2020, Dharmendra Kumar Vs. K.K. Upadhayay

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Contempt Petition No. 104 of 2020, Mohd Nasir Vs. K.K. Upadhayay

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Contempt Petition No. 105 of 2020, Naresh Bajwal Vs. K.K. Upadhayay 31. Contempt Petition No. 106 of 2020, Saleem Ahmad Vs. K.K. Upadhayay.

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Contempt Petition No. 107 of 2020, Ahtesham Vs. K.K. Upadhayay

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Contempt Petition No. 108 of 2020, Jakir Khan Vs. K.K. Upadhayay 34. Contempt Petition No. 109 of 2020, Dayal Singh Vs. K.K. Upadhayay

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Contempt Petition No. 110 of 2020, Pappu Vs. K.K. Upadhayay

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Contempt Petition No. 111 of 2020, Shahid Khan Vs. K.K. Upadhayay.

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Contempt Petition No. 112 of 2020, Mohan Singh Bisht Vs. K.K. Upadhayay

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Contempt Petition No.113 of 2020, Prem Singh Vs. K.K. Upadhayay

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Contempt Petition No. 114 of 2020, Ahtesham Vs. K.K. Upadhayay

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Contempt Petition No. 119 of 2020, Devendra Kumar Sharma Vs. K.K. Upadhayay

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Contempt Petition No. 120 of 2020, Devendra Kumar Sharma Vs. K.K. Upadhayay

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Contempt Petition No. 121 of 2020, Ali Mohmmad Vs. K.K. Upadhayay.

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Contempt Petition No. 122 of 2020, Imteyaj Raza Vs. K.K. Upadhayay

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Contempt Petition No. 123 of 2020, Ajay Puri Goswami Vs. K.K. Upadhayay

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Contempt Petition No. 124 of 2020, Mumtaz Begam Vs. K.K. Upadhayay

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Contempt Petition No. 125 of 2020, Desh Singh Vs. K.K. Upadhayay

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Contempt Petition No. 126 of 2020, Mohd. Faisal Vs. K.K. Upadhayay

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Contempt Petition No. 127 of 2020, Mohd. Faisal Vs. K.K. Upadhayay

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Contempt Petition No. 128 of 2020, Tahir Ali Vs. K.K. Upadhayay

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Contempt Petition No. 129 of 2020, Madan Lal Aggarwal Vs. K.K. Upadhayay

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Contempt Petition No. 130 of 2020, Shoev Khan Vs. K.K. Upadhayay

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Contempt Petition No. 131 of 2020, Ahtesham Vs. K.K. Upadhayay

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Contempt Petition No. 137 of 2020, Yunus Ali Vs. K.K. Upadhayay.

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Contempt Petition No. 138 of 2020, Mohd Rashid Vs. K.K. Upadhayay

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Contempt Petition No. 139 of 2020, Satwant Singh Vs. K.K. Upadhayay

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Contempt Petition No. 140 of 2020, Rajeev Singh Vs. K.K. Upadhayay

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Contempt Petition No. 141 of 2020, Jagpal Singh Vs. K.K. Upadhayay 58. Contempt Petition No. 142 of 2020, Narendra Singh Vs. K.K. Upadhayay

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Contempt Petition No. 147 of 2020, Dasharath Singh Vs. K.K. Upadhayay

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Contempt Petition No. 148 of 2020, Fakir Singh Kanyal Vs. K.K. Upadhayay

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Contempt Petition No. 152 of 2020, Harish Chandra Vs. K.K. Upadhayay 62. Contempt Petition No. 158 of 2020, Gyas Hussain Vs. K.K. Upadhayay

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Present :

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Dr. Udyog Shukla, Advocate for the applicants. Mr. V.K. Kapurwan, Advocate for the respondent.

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Dated: 2 9 th September, 2020

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JUDGEMENT

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Hon’ble Sharad Kumar Sharma, J.

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(Via Video Conferencing)

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With the prior consent of the learned counsel for the parties, all these 62, connected Contempt Petitions are being taken together to be decided finally.

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The short history of the case in the Writ Petition was that an issue came up for consideration before the learned Single Judge in

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a bunch of Writ Petitions, with a leading Writ Petition, being Writ Petition No. 760 (MS) of 2019, Nitendra Singh Vs. State of Uttarakhand and others, whereby, the vehicles of the petitioners, which were previously engaged in the mining operation, and which were registered with the Divisional Logging Manager (Mining) of different areas, that was sought to be altered and changed with the registration of the new vehicles, in place of the non operational vehicles, which earlier stood registered. The said change of registration of the vehicles, was necessitated as a consequence of a policy decision taken in the meeting by the Committee dated 20^th November, 2014 and 25^th February, 2015, whereby, it was required for by the owners of the registered vehicles, who are engaged in the mining activities to get themselves registered with the Divisional Logging Manager (Mining) of different Divisions, seeking permission to operate their respective vehicles thus registered in mining activities.

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The contention of the learned counsel for the petitioner in the said Writ Petitions, before the learned Single Judge was that though some of the registered owners were permitted to get their new vehicles registered, while the same nature of registration was being denied, to the other similarly registered owners of the vehicle. The reason for non registration of the new vehicles was considered by the Coordinate Bench, and it was held that since in the policy decision of 31^st August, 2018, there was no such impediment laid down for the mining session 2018-19, and there was no direction, which was ever issued by the District Mining Committee, of which, the District Magistrate is its Chairman, hence, the Writ Petition was allowed by the judgment dated 12^th April, 2019, with the following directions :-

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“Accordingly, all the writ petitions are allowed. Respondent no.4 is directed to permit the petitioners to replace their old vehicles with new ones and register the new vehicles of the petitioners for mining work within three weeks from the date of production of certified copy of this order.”

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It is based on this judgment, the various writ petitioners had preferred different Writ Petitions before the learned Single Judge, which were disposed of by the Coordinate Benches of this Court by various orders, which would be detailed herein in relation to the respective Contempt Petitions, thereby directing the respondents to permit the registration of the new vehicle, which were expected, to be engaged by the petitioners for being engaged in the mining activities. The details of these Writ Petitions are as under :-

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1. Contempt Petition No. 85 of 2020, Farman Hussain Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 22^nd May, 2019 , as rendered in Writ Petition No. 1421 of 2019 (M/S), Himanshu Kavidayal and six others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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2. Contempt Petition No. 44 of 2020, Darshan Kumar Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 26^th April, 2019 , as rendered in Writ Petition No. 1128 of 2019 (M/S), Darshan Kumar Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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3. Contempt Petition No. 45 of 2020, Cheda Lal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 16^th May, 2019 , as rendered in Writ Petition No. 1349 of 2019 (M/S), Harbhajan Singh and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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4. Contempt Petition No. 46 of 2020, Bhdh Sen Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 27^th May, 2019 , as rendered in Writ Petition No. 1483 of 2019 (M/S), Jeewan Singh and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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5. Contempt Petition No. 47 of 2020, Mohd. Akram Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 16^th May, 2019 , as rendered in Writ Petition No. 1358 of 2019 (M/S), Parvesh and seven others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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6. Contempt Petition No. 48 of 2020, Sanjeev Kumar Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 17^th May, 2019 , as rendered in Writ Petition No. 1374 of 2019 (M/S), Khilap Singh Rawat and two others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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7. Contempt Petition No. 49 of 2020, Ahamad Yar Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 27^th May, 2019 , as rendered in Writ Petition No. 1483 of 2019 (M/S), Jeewan Singh and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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8. Contempt Petition No. 50 of 2020, Nitendra Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 12^th April, 2019 , as rendered in Writ Petition No. 760 of 2019 (M/S), Nitendra Singh Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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9. Contempt Petition No. 51 of 2020, Virendra Kumar Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 26^th May, 2019 , as rendered in Writ Petition No. 1120 of 2019 (M/S), Virendra Kumar Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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10. Contempt Petition No. 63 of 2020, Pradeep Kumar Bhatt Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1462 of 2019 (M/S), Gagan Deep Singh and ten others Vs. State of Uttarakhand

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and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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11. Contempt Petition No. 64 of 2020, Amir Ahmad Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 16^th May, 2019 , as rendered in Writ Petition No. 1358 of 2019 (M/S), Parvesh and seven others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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12. Contempt Petition No. 65 of 2020, Om Prakash Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1462 of 2019 (M/S), Gagan Deep Singh and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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13. Contempt Petition No. 66 of 2020, Jeewan Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 27^th May, 2019 , as rendered in Writ Petition No. 1483 of 2019 (M/S), Jeewan Singh and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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14. Contempt Petition No. 67 of 2020, Gagan Deep Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1462 of 2019 (M/S), Gagan Deep Singh and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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15. Contempt Petition No. 76 of 2020, Koshlya Devi Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1452 of 2019 (M/S), Rajendra Bhatt and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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16. Contempt Petition No. 77 of 2020, Ram Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1180 of 2019 (M/S), Ram Singh Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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17. Contempt Petition No. 78 of 2020, Indra Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 15^th May, 2019 , as rendered in Writ Petition No. 1319 of 2019 (M/S), Jeewan singh and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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18. Contempt Petition No. 79 of 2020, Prakash Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 10^th May, 2019 , as rendered in Writ Petition No. 1273 of 2019 (M/S), Ashok Singh and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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19. Contempt Petition No. 80 of 2020, Guru Sahib Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 15^th May, 2019 , as rendered in Writ Petition No. 1329 of 2019 (M/S), Guru Sahib Singh and three others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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20. Contempt Petition No. 84 of 2020, Jiledar Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 29^th May, 2019 , as rendered in Writ Petition No. 1535 of 2019 (M/S), Navdeep Singh Bedi and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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21. Contempt Petition No. 86 of 2020, Akbar Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 15^th May, 2019 , as rendered in Writ Petition No. 1331 of 2019 (M/S), Riyaz Ahmad and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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22. Contempt Petition No. 87 of 2020, Irfan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 21^st May, 2019 , as rendered in Writ Petition No. 1401 of 2019 (M/S), Pappu Ahmad and six others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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23. Contempt Petition No. 88 of 2020, Rajesh Dhami Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 15^th May, 2019 , as rendered in Writ Petition No. 1329 of 2019 (M/S), Guru Sahib Singh and three others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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24. Contempt Petition No. 89 of 2020, Ganesh Singh Dhami Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1460 of 2019 (M/S), Nanda Ballabh and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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25. Contempt Petition No. 90 of 2020, Said Kha Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 14^th May, 2019 , as rendered in Writ Petition No. 1312 of 2019 (M/S), Riyaz Ahmad and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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26. Contempt Petition No. 91 of 2020, Nisar Ahmd Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 10^th May, 2019 , as rendered in Writ Petition No. 1273 of 2019 (M/S), Ashok Singh and five others Vs. State of Uttarakhand and others , which

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was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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27. Contempt Petition No. 92 of 2020, Mahipal Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1175 of 2019 (M/S), Mahipal Singh Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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28. Contempt Petition No. 103 of 2020, Dharmendra Kumar Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1452 of 2019 (M/S), Rajendra Bhatt and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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29. Contempt Petition No. 104 of 2020, Mohd Nasir Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 9^th May, 2019 , as rendered in Writ Petition No. 1262 of 2019 (M/S), Mohd. Nasir and seven others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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30. Contempt Petition No. 105 of 2020, Naresh Bajwal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1452 of 2019 (M/S), Rajendra Bhatt and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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31. Contempt Petition No. 106 of 2020, Saleem Ahmad Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 22^nd May, 2019 , as rendered in Writ Petition No. 1421 of 2019 (M/S), Himanshu Kavidaya and six others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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32. Contempt Petition No. 107 of 2020, Ahtesham Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1192 of 2019 (M/S), Ahtesham Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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33. Contempt Petition No. 108 of 2020, Jakir Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1178 of 2019 (M/S), Jakir Khan Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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34. Contempt Petition No. 109 of 2020, Dayal Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 13^th May, 2019 , as rendered in Writ Petition No. 1296 of 2019 (M/S), Ateek Khan and three others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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35. Contempt Petition No. 110 of 2020, Pappu Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 22^nd May, 2019 , as rendered in Writ Petition No. 1419 of 2019 (M/S), Ranjeet Singh and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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36. Contempt Petition No. 111 of 2020, Shahid Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1193 of 2019 (M/S), Shahid Khan Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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37. Contempt Petition No. 112 of 2020, Mohan Singh Bisht Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1452 of 2019 (M/S), Rajendra Bhatt and nine others sVs. State of Uttarakhand and others , which was disposed of directing the consideration of the

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application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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38. Contempt Petition No. 113 of 2020, Prem Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1452 of 2019 (M/S), Rajendra Bhatt and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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39. Contempt Petition No. 114 of 2020, Ahtesham Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1173 of 2019 (M/S), Ahtesham Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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40. Contempt Petition No. 119 of 2020, Devendra Kumar Sharma Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 29^th May, 2019 , as rendered in Writ Petition No. 1530 of 2019 (M/S), Ramesh and seven others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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41. Contempt Petition No. 120 of 2020, Devendra Kumar Sharma Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 29^th May, 2019 , as rendered in Writ Petition No. 1538 of 2019 (M/S), Diwan Singh Parihar and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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42. Contempt Petition No. 121 of 2020, Ali Mohmmad Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 21^st May, 2019 , as rendered in Writ Petition No. 1401 of 2019 (M/S), Pappu Ahmad and six others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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43. Contempt Petition No. 122 of 2020, Imteyaj Raza Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 15^th May, 2019 , as rendered in Writ Petition No. 1323 of 2019

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(M/S), Mohd. Farukh and four others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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44. Contempt Petition No. 123 of 2020, Ajay Puri Goswami Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1446 of 2019 (M/S), Shekhar Chand and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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45. Contempt Petition No. 124 of 2020, Mumtaz Begam Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1460 of 2019 (M/S), Nanda Ballabh and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

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46. Contempt Petition No. 125 of 2020, Desh Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 23^rd May, 2019 , as rendered in Writ Petition No. 1446 of 2019 (M/S), Shekhar chand and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶132

47. Contempt Petition No. 126 of 2020, Mohd. Faisal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 22^nd May, 2019 , as rendered in Writ Petition No. 1417 of 2019 (M/S), Farman Hussain and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶133

48. Contempt Petition No. 127 of 2020, Mohd. Faisal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 22^nd May, 2019 , as rendered in Writ Petition No. 1419 of 2019 (M/S), Ranjeet Singh and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶134

¶135

49. Contempt Petition No. 128 of 2020, Tahir Ali Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 27^th May, 2019 , as rendered in Writ Petition No. 1462 of 2019 (M/S), Gagan Deep Singh and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶136

50. Contempt Petition No. 129 of 2020, Madan Lal Aggarwal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 24^th May, 2019 , as rendered in Writ Petition No. 1462 of 2019 (M/S), Gagan Deep and ten others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶137

51. Contempt Petition No. 130 of 2020, Shoev Khan Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 8^th May, 2019 , as rendered in Writ Petition No. 1223 of 2019 (M/S), Shoev Khan and another Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶138

52. Contempt Petition No. 131 of 2020, Ahtesham Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 8^th May, 2019 , as rendered in Writ Petition No. 1224 of 2019 (M/S), Ahtesham and another Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶139

53. Contempt Petition No. 137 of 2020, Yunus Ali Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 9^th May, 2019 , as rendered in Writ Petition No. 1264 of 2019 (M/S), Mohd. Imran and another Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶140

54. Contempt Petition No. 138 of 2020, Mohd Rashid Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 16^th May, 2019 , as rendered in Writ Petition No. 1358 of 2019 (M/S), Parvesh and seven others Vs. State of Uttarakhand and

¶141

¶142

others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶143

55. Contempt Petition No. 139 of 2020, Satwant Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 16^th May, 2019 , as rendered in Writ Petition No. 1349 of 2019 (M/S), Harbhajan Singh and five others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶144

56. Contempt Petition No. 140 of 2020, Rajeev Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 17^th May, 2019 , as rendered in Writ Petition No. 1371 of 2019 (M/S), Jagpal Singh and four others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶145

57. Contempt Petition No. 141 of 2020, Jagpal Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 17^th May, 2019 , as rendered in Writ Petition No. 1371 of 2019 (M/S), Jagpal Singh and four others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶146

58. Contempt Petition No. 142 of 2020, Narendra Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 17^th May, 2019 , as rendered in Writ Petition No. 1371 of 2019 (M/S), Jagpal Singh and four others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶147

59. Contempt Petition No. 147 of 2020, Dasharath Singh Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 29^th May, 2019 , as rendered in Writ Petition No. 1538 of 2019 (M/S), Diwan Singh Parihar and eight others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶148

¶149

60. Contempt Petition No. 148 of 2020, Fakir Singh Kanyal Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 29^th May, 2019 , as rendered in Writ Petition No. 1531 of 2019 (M/S), Sandhya Gandhi and nine others Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶150

61. Contempt Petition No. 152 of 2020, Harish Chandra Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 2^nd May, 2019 , as rendered in Writ Petition No. 1179 of 2019 (M/S), Harish Chandra Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶151

62. Contempt Petition No. 158 of 2020, Gyas Hussain Vs. K.K. Upadhayay , was arising out of the non compliance of the judgment dated 12^th April, 2019 , as rendered in Writ Petition No. 761 of 2019 (M/S), Gyas Hussain Vs. State of Uttarakhand and others , which was disposed of directing the consideration of the application for registration, based on the aforesaid judgment of the learned Single Judge dated 12^th April, 2019.

¶152

In all these Contempt Petitions, in some of the cases, the response affidavit has already been filed, and in others, the petitioners have filed an Urgency Application annexing therewith certain documents, including the order, which has been passed by this Court in Contempt Petition No. 656 of 2019, Zameer Vs. P.S. Bora and another , whereby, the Contempt Petition engaging almost an identical issue with regard to the dispute of registration of the new vehicles for the mining activities was considered by this Court in the light of the judgment of the Coordinate Bench dated 12^th April, 2019, rendered in Writ Petition No. 760 (MS) of 2019, Nitendra Singh Vs. State of Uttarakhand and others, which has been invariably followed in all the Contempt Petitions as mentioned above.

¶153

However, the said Contempt Petition No. 656 of 2019, the judgment of which, was rendered on 28^th February, 2020, by this

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Court, the counsel for the parties, admittedly, submits that in case if the present Contempt Petitions are closed, in pursuance to the directions given therein in the judgment of 28^th February, 2020 , his grievances would stand redressed, so far it relates to the compliance of the different judgments, which has been sought to be enforced by the above Contempt Petitions.

¶156

He further submits that in pursuance to the judgment rendered on 28^th February, 2020, there had been subsequent publication also, which was made by the State Government in the daily Newspapers on 18^th September, 2020, whereby, as per the press release, the respondents have contemplated to issue the registration forms commencing from 16^th September, 2020, for the purposes of registration of the new vehicles, which were to be used for the mining activities.

¶157

Based on the said direction, this Court on 28^th February, 2020, had directed in the Contempt Petition that the respondent would consider the application of the petitioner subject to the condition, he submits his fresh affidavit in the required format within a period of one week, along with all the relevant documents pertaining to the registration of the new vehicles, which are required, and consequently, subsequent to the interim order passed therein, the application for registration of the new vehicles was directed to be considered afresh based on the submission of the documents, which were directed to be submitted by the different petitioners of the present Contempt Petitions.

¶158

These Contempt Petitions would accordingly stand disposed of in the light of the directions contained in the order dated 28^th February, 2020, as rendered in the Contempt Petition No. 656 of 2019, with the direction to the petitioners of the respective Contempt Petitions to file an affidavit along with all the relevant and valid documents of the respective vehicles, before the Committee, which is

¶159

¶160

chaired by the District Magistrate, which is expected to consider the application for registration of the new vehicles by the respective owners of the vehicles, which has to be registered for mining activities and hence, the Committee is directed to consider the application for registration of vehicles of the petitioners in accordance with law.

¶161

Subject to the aforesaid directions, which has been consented upon by both the counsel of all these Contempt Petitions, all these Contempt Petitions are closed subject to the following liberty :-

¶162

i. The petitioners would file an affidavit before the Committee, headed by the District Magistrate;

¶163

ii. The petitioners would file all the necessary documents in the required format required for registering of the new vehicles to be used for the mining activities;

¶164

iii. The application should accompany the necessary documents including the documents pertaining to the registration of the vehicles with the Regional Transport Officer for its consideration by the Committee;

¶165

v. If the petitioner submits the aforesaid documents as directed above within the period of three weeks from the date of the receipt of the certified copy of this order, the Committee as referred above, which is chaired by the District Magistrate, would consider the respective applications as it has been directed in the earlier order; within a period of three weeks thereafter, and pass an appropriate order for registration of the new vehicles, strictly as per law.

¶166

Owing to the aforesaid consensus, which has been extended by the learned counsel for the parties, the present Contempt Petitions are closed. Notices issued to the respondent are hereby discharged.

¶167

¶168

But, however, the disposal of these Contempt Petitions, will not preclude the petitioner to re-approach the Court, in case, in compliance of the above directions, there is a denial by the Committee of registering the new vehicles for mining activities, may it be for whatsoever valid reasons.

¶169

Subject to above, the Contempt Petitions are closed.

¶170

(Sharad Kumar Sharma, J.)

¶171

Dated 29.09.2020 Shiv

Farman Hussain v. K K Upadhayay

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Farman Hussain v. K K Upadhayay

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