Dalbir v. Vikas Gupta

COCP No. 3426 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 3426 of 2017 Date of decision : 20.11.2017 Dalbir ....Petitioner V/s Vikas Gupta ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Vipan Kumar Sharma, Advocate for the petitioner. RAJAN GUPTA J.

Notice of motion.

On the asking of court, Mr. Rohit Arya, Asst. A.G. Haryana, who is present in court, accepts notice on behalf of the respondent. Petitioner alleges violation of order dated 19.07.2017 passed by the writ court, operative part thereof reads as under:- "Without commenting on the merits of the case or the entitlement of the petitioners for the abovesaid relief and keeping in view the fact that the matter is still pending consideration, the present writ petition is dispose of with direction to respondent no. 2 to take a decision on the said demand notice dated 12.05.2017 (Annexure P-10) within a period of 3 months from the date of receipt of certified copy of the order. Needless to say if the benefit is to be declined, a reasoned order be passed and the same be conveyed to the petitioner."

Learned State counsel submits that in case no appeal is pending against the aforesaid order passed by the writ court, same shall be implemented forthwith, in any case not later than one month. Ajay Kumar 2017.11.21 16:17 I attest to the accuracy and authenticity of this document

COCP No. 3426 of 2017 In view of above, petition is disposed of. In case any fresh cause of action accrues to the petitioner to invoke the contempt jurisdiction of this court, apart from initiating proceedings under the Act, it shall consider imposition of punitive costs which shall be deducted from the salary of official(s) responsible for delay/non-compliance.

November 20, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.11.21 16:17 I attest to the accuracy and authenticity of this document