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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Balam Singh & Ors. - Appellants
Versus
R.K. Mahajan & Anr. - Respondents
Contempt Petition No. 388, 390 of 2017
Decided On : 10-12-2021
Stay Order - Contempt Petitions - The Supreme Court stayed the order passed by the Writ Court, leading to the closure of the contempt petitions. The petitioners were given the liberty to seek recall of the order once the S.L.P. is decided by the Supreme Court.
Fact of the Case:
The order passed by the Writ Court, affirmed in Special Appeal by Division Bench, was stayed by the Supreme Court, rendering the contempt petitions inexecutable.
Finding of the Court:
The contempt petitions were closed, and the contempt notices issued to the opposite parties were discharged. The petitioners were granted the liberty to seek recall of the order once the S.L.P. is decided by the Supreme Court. The petitioners were assured that they would not be disturbed due to the closure of the contempt petitions, and those whose services were discontinued during the contempt proceeding were given the liberty to make representations to the Competent Authority.
Issues: Stay of the order passed by the Writ Court, inexecutable contempt petitions, liberty of the petitioners to seek recall of the order, and the rights of petitioners whose services were discontinued during the contempt proceeding.
Ratio Decidendi: The stay granted by the Supreme Court rendered the order passed by the Writ Court inexecutable, leading to the closure of the contempt petitions. The petitioners were given the liberty to seek recall of the order once the S.L.P. is decided by the Supreme Court.
Final Decision: The contempt petitions were closed, and the contempt notices issued to the opposite parties were discharged. The petitioners were granted the liberty to seek recall of the order once the S.L.P. is decided by the Supreme Court. The petitioners were assured that they would not be disturbed due to the closure of the contempt petitions, and those whose services were discontinued during the contempt proceeding were given the liberty to make representations to the Competent Authority.
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.
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