OKRAM SARATKUMAR SINGH Vs. LETKHOGIN HAOKIP

JUDGEMENT

(1.) HEARD Mr. Y. Nirmolchand, learned counsel for the petitioner.

(2.) THE contempt petition is filed against non-compliance of the order dated 31. 8. 2001. Consequent upon the rejection of the miscellaneous application for condonation of delay, the writ appeal filed against the order dated 31. 8. 2001 was also dismissed by a Division Bench of this court. The government issued an order dated 25. 7. 2007 under Memo No. 30/42/2006-Agri (HC) purportedly in compliance of the order dated 31. 8. 2001. The relevant last paragraph of the order read as follows :-

(3.) THE Hon'ble Supreme Court in the case of J. S. Parihar v. Ganpat Duggar and ors. reported in (1996) 6 SCC 291 has held that it is not open to the contempt court to review or find out whether an order issued by way of complying with the order of the court is in conformity with the direction issued earlier by the writ court insamuch as such order would give rise to a fresh cause of action. The Hon'ble apex Court also observed that it may be open to the aggrieved party to assail the correctness or legality of the order issued by the Government, if it is not in conformity with the direction issued by the court, if so advised, in an appropriate forum.