Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13184 (UTT)

BHUWAN CHANDRA POKHARIYA v. RADHA RATURI

CLCON/426/2024 · 2025-02-25

Manoj Kumar Tiwari

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1329 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UCLCON/426/2024 UHon’ble Manoj Kumar Tiwari, J. Mr. Bhuwan Chandra Pokhariya, petitioner in person. 2. Petitioner has alleged wilful disobedience of order dated 24.09.2024, passed by Division Bench of this Court in WPPIL No. 112 of 2024. The order dated 24.09.2024, which allegedly has been violated, is extracted below:- “2. Mr. S.N. Babulkar, learned Advocate General assisted by Mr. Rajeev Singh Bisht, learned Additional Chief Standing Counsel and Mr. Gajendra Tripathi, learned Standing Counsel for the State- respondent nos. 1 to 5. 3. The Chief Secretary, Government of Uttarakhand is directed to file her personal affidavit bringing on record the letter dated 24.07.2024, before the next date of listing. 4. List on 17.10.2024.” 3. Petitioner, in person, submits that Division Bench had directed Chief Secretary, Government of Uttarakhand, to file her personal affidavit before the next date of listing in WPPIL No. 112 of 2024. 4. He further submits that letter dated 24.07.2024 was directed to be brought on record in the PIL and the Chief Secretary has failed to comply the said order, which constitutes contempt and necessary action should be taken against the Chief Secretary. 5. This Court is not impressed by the submission made by petitioner. 2025:UHC:1329 6. The Chief Secretary was directed to file personal affidavit bringing on record some document which appeared to the Division Bench to be of some relevance for deciding the case. If Chief Secretary does not produce the document, mentioned in the order dated 24.09.2024, then Division Bench may take adverse inference against the Government or the Chief Secretary as the case may be. However, merely because the Chief Secretary has not filed affidavit, will not constitute wilful disobedience of the order passed by Division Bench so as to initiate contempt proceedings against her/him. 7. Thus, this Court is of the considered opinion that this is not a fit case for initiating contempt proceedings under Section 12 of Contempt of Courts Act. 8. Contempt Petition is, accordingly, dismissed. (Manoj Kumar Tiwari, J.) 25.02.2025 Mahinder/