HUKUM SINGH PHARSHWAN Vs. P K DOBHAL

JUDGEMENT

(1.) Learned counsel for the parties are not present. The present Contempt Petition has been filed under Section 12 of the Contempt of Courts Act, 1971. It is, inter-alia, prayed that the opposite parties be punished for having committed contempt of this Court by allegedly flouting the order dated 4-10-1993 passed by this Court in Civil Misc. Writ Petition No. 35278 of 1993 (Shri Hukum Singh Pharshwan Vs. Prabhagiya Logging Parbandhak, U.P. Ban Nigam, Pauri, District Pauri-Garhwal and others). Copy of the said order dated 4-10-1993 passed in the aforementioned Civil Misc. Writ Petition No. 35278 of 1993 has been filed as Annexure 5 to the affidavit accompanying the Contempt Petition. The said order dated 4-10-1993 is reproduced below :

(2.) From a perusal of the said order dated 4-10-1993, it is evident that the said order is an interim order passed during the pendency of the aforementioned Civil Misc. Writ Petition No. 35278 of 1993. By the order dated 17-5-1995, notices were directed to be issued to the opposite parties Nos. 1, 2 and 3 to show cause as to why each of them be not prosecuted for punishment for the alleged contempt of Court by flouting the said order dated 4-10-1993 passed in the aforementioned Civil Misc. Writ Petition No. 35278 of 1993. The said order dated 17-5-1995 is as follows :

(3.) In response to the notices issued pursuant to the said order dated 17-5-1995, the Opposite Parties Nos. 1, 2 and 3 put in appearance and filed their respective counter affidavits. Paragraph 8 of the counter affidavit, sworn on 23rd July, 1995, filed by the Opposite Party No. 1 (P.K. Dobhal), which is relevant in the present context, is reproduced below :