IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Contempt Petition No. 98 of 2007 Pawan Prashad Thapliyal … Petitioner Vs Nrip Singh Napchiyal … Respondent Sri Mangal Singh Chauhan, learned counsel for the petitioner Hon’ble B.C. Kandpal, J. By way of this contempt petition, the petitioner has prayed for summoning the respondent and punish him for flouting the order passed by this Court dated 23.06.2005 in Writ Petition No. 199 of 2004 (S/S). 2. This Court issued the notices to the respondent - Principal Secretary – Home and he has filed the counter affidavit. The Principal Secretary – Home in paragraph – 2 of the affidavit of compliance filed by him has averred that there is a delay of about 18 years in this case. The order dated 25.07.2008 has also been annexed as annexure No. 1 to the affidavit of compliance which indicates that the period to move the application for seeking appointment in the Dying in Harness Rule is five years, but in the instant case, there is an exorbitant delay of about 18 years. The Principal Secretary – Home after giving due consideration on the representation of the petitioner dismissed the same. 3. The averments made in the counter affidavit as well as in the affidavit of compliance are indicative of this fact that the respondent has complied with the order passed by this Court for considering the case of the petitioner. I therefore, do not find any force in the contempt petition. 2 4. Accordingly, the contempt petition is dismissed. The notice issued to the respondent is hereby discharged. (B.C. Kandpal, J.) 22.10.2008 ASWAL