DEVTA SAHIB THAN Vs. S.K.SOOD

JUDGEMENT

(1.) Admitted Mr. Deepak Gupta, Advocate appears and waives services of admission on behalf of respondent No.2 and Mr. M.L. Chauhan, Deputy Advocate General on behalf of respondent No. 1 and 3. In the facts and circumstances of the case, the petition is taken up for hearing today.

(2.) This petition is filed by the petitioner for an appropriate direction to deal with and punish the respondents under the provisions of Contempt of Courts Act, 1971.

(3.) The case of the petitioner is that it is a Deity known as Devta Sahib. Than Bharmol at Mauza Shivan. Tehsil Kumarsain, District Shimla. Due to action taken by the respondent -authorities, substantial damage has been caused to the petitioner but no amount was paid. In the circumstances, it was obliged to approach this Court by filing CWT No.793 of 2000, which was decided by a Division Bench on March 3, 2001. In the operative part of the order, it was directed as under: "Though several contentions have been raised by the learned counsel for the petitioner, in our opinion, it would not be appropriate to enter into larger question in these proceedings. In view of the fact that a statement is made in the affidavit -in -reply that a damage to the extent of Rs. 1632/ -was caused and yet no amount was paid, in our opinion, it would be in the interest of justice if the respondent -authorities are directed to pay the said amount to the petitioner with interest. It is clear that the said amount became due and payable when the loss had been caused to the petitioner in the year 1977 -78. Since the said amount was not paid at that time, it would be proper and equitable if the said amount is ordered to be paid along with interest. We, therefore, allow this petition by directing the respondent -authorities to pay the amount of Rs.1632/ - along with interest from 1st January, 1978 at the rate of 12% per annum. Since the petitioner had to approach this Court due to default on the part of the respondent -authorities, they will also pay costs of this petition, which is quantified at Rs.2000/ -. The entire amount will be paid within a period of six weeks."