HARI DUTT SHARMA Vs. A.K.GOSWAMI

JUDGEMENT

(1.) This petition is filed by the Petitioner for an appropriate order making grievance that the order passed by this Court against the Respondents on July 25, 1995, in Civil Writ Petition No. 1012 of 1994 has not been complied with and thereby they have wilfully and intentionally disobeyed and flouted the direction of this Hon ble Court.A prayer is, therefore, made to take appropriate proceedings against the erring officers under the Contempt of Courts Act, 1971, and to pass an appropriate order.

(2.) The case of the Petitioner is that residents of villages Kharyar, Biuns Ka Hara, Khainta, Sunarry, Kot, Nauti and Chanhol and Katal, made a representation on December 3, 1994, to Hon ble the Chief Justice of this Court, seeking completion of partially constructed road known as Sukhi Johari to Katal, by treating the said representation as a writ petition in Public Interest Litigation (PIL). The said representation was taken by this Court on its own motion (suo motu) by registering it civil writ petition No. 1012 of 1994. A Division Bench of this Court on July 25, 1995, disposed of the said petition. In the operative part of the order, the following direction was issued:

(3.) It is the case of the petitioners that as per direction issued by this Court, the road was not constructed and thus the Respondents have not complied with the order of this Court. It is further stated by the petitioners that an application being CMP No. 634 of 1997 in CWP No. 1012 of 1994 for extension of time was filed by the Respondents which was also granted by this Court and the time was extended upto July 24, 2000. The grievance of the Petitioner is that neither extension was sought thereafter nor the order of the Court had been complied with. The Respondents, thereby, have committed contempt of this Court and proceedings under the Contempt of Courts Act are required to be taken for deliberate disobedience of the order passed by this Court.