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2021 Supreme(UK) 245

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Mahesh Chandra Upreti - Appellant
Versus
S.P. Khali - Respondent
Contempt Petition No. 408 of 2018
Decided On : 22-10-2021

Advocates Appeared:
B.D. Pande, Advocate, Pradeep Hairiya, Advocate

The court's decision was based on the rejection of the petitioner's representation by the Competent Authority, allowing the petitioner to seek redressal through the appropriate forum.

Headnote:

Contempt Petition - Representation - The court closed the contempt petition as the Competent Authority had rejected the petitioner's representation, allowing the petitioner to challenge the rejection order before the appropriate forum.

Fact of the Case:

The Writ Court had directed the Competent Authority to decide the petitioner's representation, which was subsequently rejected by the Competent Authority.

Finding of the Court:

The court closed the contempt petition and discharged the notice issued to the opposite party, allowing the petitioner to challenge the rejection order before the appropriate forum.

Issues: Contempt petition, rejection of representation, challenge to rejection order

Ratio Decidendi: The court's decision was influenced by the rejection of the petitioner's representation by the Competent Authority, leading to the closure of the contempt petition.

Final Decision: The contempt petition is closed, notice issued to the opposite party is discharged, and the petitioner is allowed to challenge the rejection order before the appropriate forum.

JUDGMENT

Manoj Kumar Tiwari, J. - The only direction issued by Writ Court vide order dated 05.10.2017 in WPSS No. 2815 of 2017 was to decide petitioner's representation.

2. Mr. B.D. Pande, learned counsel appearing for the petitioner has apprised the Court that such decision has been taken on petitioner's representation and the Competent Authority has rejected the representation of the petitioner vide order dated 21.08.2018.

3. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to challenge the rejection order dated 21.08.2018 before the appropriate forum.

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