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2021 Supreme(UK) 468
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Khyali Ram - Appellant
Versus
Beeju Lal - Respondent
Contempt Petition No. 435 of 2021
Decided On : 13-12-2021
Important Points
Subject
Civil Law - Contempt Proceedings
Headnote
Stay Order - Contempt Petitions - The order passed by the Writ Court, as affirmed in Special Appeal by Division Bench of this Court, has been stayed by the Hon'ble Supreme Court, rendering the contempt petitions inexecutable. The petitioners are granted liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court.
Fact of the Case:
The order passed by the Writ Court, affirmed in Special Appeal by Division Bench, has been stayed by the Hon'ble Supreme Court, rendering the contempt petitions inexecutable.
Finding of the Court:
The contempt petitions are closed, and the contempt notices issued to the opposite parties are discharged. The petitioners are granted liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court. The petitioners shall not be disturbed merely on account of the closure of the contempt petitions, and those whose services have been discontinued during the pendency of contempt proceedings are at liberty to make representation to the Competent Authority.
Issues: Stay of order by Hon'ble Supreme Court, inexecutability of contempt petitions, liberty of petitioners to seek recall of the order, rights of petitioners whose services have been discontinued during pendency of contempt proceedings.
Ratio Decidendi: The stay order by the Hon'ble Supreme Court rendered the contempt petitions inexecutable, leading to their closure. The petitioners are granted liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court. The rights of petitioners whose services have been discontinued during the pendency of contempt proceedings are protected, allowing them to make representation to the Competent Authority.
Final Decision: The contempt petitions are closed, and the contempt notices issued to the opposite parties are discharged. The petitioners are granted liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court. The petitioners shall not be disturbed merely on account of the closure of the contempt petitions, and those whose services have been discontinued during the pendency of contempt proceedings are at liberty to make representation to the Competent Authority.
Manoj Mohan, Advocate, Mamta Bisht, Advocate
JUDGMENT
Manoj Kumar Tiwari, J. - Learned Standing Counsel has produced in Court the order dated 29.11.2021 passed by Hon'ble Supreme Court in SLP No. 16865-17001 of 2021.
2. Perusal of the said order reveals that order passed by Writ Court, as affirmed in Special Appeal by Division Bench of this Court, has been stayed by Hon'ble Supreme Court.
3. Since the order passed by Writ Court has become inexecutable on account of stay granted by Hon'ble Supreme Court, therefore, no useful purpose would be served by keeping these contempt petitions pending.
4. Accordingly, contempt petitions are closed. Contempt notices issued to opposite parties are hereby discharged. However, petitioners shall be at liberty to seek recall of this order as & when the S.L.P. is decided by Hon'ble Supreme Court.
5. It is made clear that petitioners shall not be disturbed merely on account of closer of the contempt petitions and such petitioners, whose services have been discontinued during pendency of contempt proceeding, shall be at liberty to make representation to the Competent Authority.
