IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Civil Contempt Petition No. 104/2008 Om Prakash Gupta …. Petitioner. Versus Harcharan Jeet Singh ……. Respondent. Mr. Rajendra Dobhal, learned Senior Advocate assisted by Sri D.C.S. Rawat, learned counsel for the petitioner. Mr. H.M. Bhatia, holding brief of Mr. Arvind Vashist, learned Counsel for the respondent. Dated: 09-06-2009 Hon’ble B.C. Kandpal, J. By way of this petition, the petitioner has prayed for summoning the respondent and punishing him for flouting the order dated 28-12-2007, passed by the learned Single Judge of this Court in W.P. No. 1541/2007 M/S, Om Prakash Gupta Vs. Union of India and others. The relevant portion of the order dated 28-12- 2007, reads as follows:- “ In the above facts and circumstances of the case and in view of the averments made in the writ petition and the counter affidavit, the General Officer Commanding, Headquarters, Central Command- respondent no.2 is directed to reconsider the matter positively within a period of further eight weeks from the date of production of certified copy of this order, as per direction of this court given in the earlier W.P. No. 693(M/B) of 2006 vide order dated 20-11-2006.” The aforesaid order indicates with regard to the earlier order passed by this court dated 20-11-2006, which reads as under:- Accordingly, the writ petition is allowed. The order dated 18-03-2006 passed by General Officer of Commanding Headquarters, Central Command, 2 Lucknow/respondent no.2, which is contained in Annexure-13 to the writ petition is hereby set aside. The principal Director, Defence Estates, Ministry of Defence, CC, Lucknow Cantt. is directed to reconsider the matter in dispute in the light of the report of the Execution Officer dated 24-06-2005 within a period of two months from the date of production of certified copy of this order.” Again Annexure-3 contained to the counter affidavit indicates that the case of the petitioner was considered in detail and thereafter the authorities came to the conclusion that there cannot be any relaxation for constructing a petrol pump on Khasra Nos. 140/1 and 140/2 in Kheri Village, Dehradun Cantonment, by Om Prakash. Accordingly the order dated 8-5-2008 passed by General Officer Commanding-in-Chief, Central Command, which is the appellate authority, indicates that the matter was considered in detail and the order was passed accordingly. I am of the view that under the aforesaid circumstances there is no justification for continuing the contempt proceeding against the respondent as the order has been complied with. Accordingly, the contempt petition is dismissed and the notice issued against the respondent is hereby discharged. (B. C. Kandpal, J.) ISB