Heard learned counsel for the applicant and Sri K. R. Singh, learned Standing Counsel for the opposite parties.
The writ petition of the applicant being Writ Petition No.48812 of 2004 was allowed vide judgment and order dated 24th March, 2006. When the judgement of this Court was not complied with the applicant filed present contempt application in which notices were issued. A short counter affidavit was filed by the opposite parties along with an application for deferring the hearing of the contempt application till the final disposal of the pending Appeal before the Apex Court. Along with the affidavit was annexed interim order dated 28th July, 2006 of the Apex Court. Based upon the averments contained in the said short counter affidavit this Court vide order dated 19th August, 2006 adjourned the hearing of the contempt proceedings sine die.
Today learned counsel for the applicant has produced before the Court order of the Apex Court dated 18th May, 2009 whereby the appeal filed by the State has been dismissed. According to the learned counsel for the applicant after the dismissal of the Civil Appeal filed by the State, no further action has been taken by the opposite parties for compliance of the judgment of this Court. In the circumstances, further action in the contempt proceedings has been prayed for.
In the view of the fact that the Appeal filed by the State has been dismissed by the Apex Court the opposite parties are obliged under law to make compliance of judgement of this Court.
Sri K. R. Singh, learned Standing Counsel prays for and is granted a month's time to obtain instructions and file an affidavit of compliance. Time prayed for is allowed.
List on 16th February, 2009.
By the said date affidavit of compliance may be filed by whoever is posted as the Principal Secretary Industrial Development, failing which he shall remain present before this Court.
Order Date :- 11.1.2010 SS