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2025 DAILYLAW 4513 (UTT)

M/S R K TYAGI AND COMPANY PROPRIETORSHIP FIRM v. MOHAMMAD KAZIM RAJA

CLCON/117/2025 · 2025-04-03

Rakesh Thapliyal

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2476 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLCON/117/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Jitendra Chaudhary, learned counsel for the petitioner. 2. The instant petition has been moved for non compliance of the interim order dated 07.12.2021 passed by Coordinate Bench of this Court in WPMS No. 2580 of 2021. 3. Learned counsel for the petitioner submits that the Mining Officer / Mining Inspector by the order dated 26.06.2024 issued recovery certificate, which amounts to deliberate disobedience of interim order. 4. On perusal of the recovery certificate dated 26.06.2021, it appears that it pertains to recovery of some dues. 5. Learned counsel for the applicant submits that the said recovery certificate is in fact relates to the subject matter of WPMS No. 2580 of 2021. 6. By the order dated 07.12.2021 the Coordinate Bench of this Court directed that subject to deposit of a sum of Rs. 6,00,000/- by the petitioner with the Collector, Haridwar no coercive measure shall be adopted against him for recovery of outstanding dues. Passing of fresh recovery order dated 26.06.2024 does not fall in the category of coercive measure. If petitioner is aggrieved by the said recovery certificate, he can either move appropriate application in WPMS No. 2580 of 2021 or to file fresh writ petition challenging the recovery certificate dated 26.06.2024. 7. Accordingly, contempt petition is dismissed being devoid of merit. (Rakesh Thapliyal, J.) 03.04.2025 SKS SATYENDRA KUMAR SHARMA Digitally signed by SATYENDRA KUMAR SHARMA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=0ae29206736743e1dbac130112ec0ecf 08e05510bf453a3831b775c37aaef013, postalCode=263001, st=UTTARAKHAND, serialNumber=D399BE9D4085860FEA4EC70D3 3810048385B41426ED344626DCE3F13245AD1 7E, cn=SATYENDRA KUMAR SHARMA Date: 2025.04.04 16:43:28 +05'30'