Hon'ble B.C Kandpal, J.
By way of this contempt petition under Section 12 of Contempt of Courts Act the petitioner has prayed for summoning the respondents and punishing them for willful disobedience of the order passed by this Court dated 18.11.2006 in Civil Misc. Writ Petition No. 638 (M/S) of 2003, Manu Maharani Hotels Ltd. v. Chief Judicial Magistrate, Nainital.
The relevant portion of the impugned order passed by this Court reads as follows:
“In the circumstances of the case considering the submissions of the parties' counsel and without entering into the merits of the case, it is directed that the Municipal Board Nainital shall decide the objections of the petitioner and after hearing the petitioner as well as other parties concerned including respondent no. 3 Anirudh Singh Katoch and Dan Singh Bisht Trust-the intervener without being influenced by the order passed/observations made by the Chief Judicial Magistrate dated 6.2.2003 and shall then decide the case afresh within a period of three months from the date of production of certified copy of this order. It is also provided that after the decision of the case by Municipal Board Nainital, the parties would be at liberty to challenge that order as per remedy available under the law.”
Counter affidavit has been filed by respondent no. 2-Executive Officer, Nagar Palika Parishad, Nainital and in paragraph 6 of the counter affidavit the plea has been taken that ample opportunity was given to the parties to put forth the submission and evidence on their behalf. The assessment committee after considering the objection and submission raised by the parties in compliance of High Court's order dated 18.11.2006 disposed of the matter vide order dated 29.10.2007 My attention has been invited towards Annexure-2 to the contempt petition which indicates that the Chairman, Tax Assessment Committee, Nagar Palika Parishad, Nainital vide order dated 29.10.2007 after considering the submission of the parties concerned decided the matter in controversy. The relevant portion of the decision taken by the Chairman, Tax Assessment Committee, Nagar Palika Parishad, Nainital, in the order dated 29.10.2007, reads as follows:
In view of the aforesaid, I am of the view that respondents have complied with the order passed by this Court. In the circumstances, I do not find any justification to continue the contempt petition further against the respondents.
Accordingly, contempt petition is dismissed. Notice issued against respondent no. 2 is hereby discharged.