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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Tarsem Singh - Appellant
Versus
Balwant Singh Sahi - Respondent
Contempt Petition No. 240, 242, 244, 245, 246, 267, 335, 340, 379, 389, 393, 410 of 2021, 339 of 2017
Decided On : 09-12-2021
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. Contempt notices issued to opposite parties are discharged, with the petitioners having the 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 has been stayed by the Hon'ble Supreme Court, making the contempt petitions inexecutable.
Finding of the Court:
The contempt petitions are closed, and contempt notices issued to opposite parties are discharged. Petitioners have the liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court. 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 shall be at liberty to make representation to the Competent Authority.
Issues:
Ratio Decidendi: The inexecutable nature of the contempt petitions due to the stay order by the Hon'ble Supreme Court led to the closure of the contempt petitions and the discharge of contempt notices.
Final Decision: Contempt petitions are closed, and contempt notices issued to opposite parties are discharged. Petitioners have the liberty to seek recall of the order upon the decision of the S.L.P. by the Hon'ble Supreme Court. 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 shall be at liberty to make representation 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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