Tarlok Singh Chauhan, J. - (1.) THE petitioner has approached this Court for initiating contempt proceedings against the respondent alleging therein that he knowingly and willfully disobeyed the judgment of this Court passed in CWP No. 563 of 2002 dated 14.10.2003 and further that he had not complied the judgment of this Court passed in COPC No. 152 of 2014 dated 19.05.2014.
(2.) THE subject -matter in this petition is a property commonly known as "potato ground" situate in Manali. The petitioner along with three others filed CWP No. 563 of 2002 wherein the following reliefs were sought: - - "a) confine the use of area mentioned hereinabove in para 4 of the writ petition exclusively for the purpose of playground or other education related activities of the Government Senior Secondary School, Manali. b) restrain the respondents from changing the use or nature of the land in any manner whatsoever not related to the school curriculum. c) take immediate steps for transferring the ownership of the land to the Education department." When the case was taken up for hearing on 14.10.2003, the then learned Advocate General placed on record a communication received by him from the Principal Secretary (Education) and the petition was disposed of in the following terms: - - "When this case was taken up today, Shri M.S. Chandel, learned Advocate General placed on record original communication received by him from the Principal Secretary (Education), to the Government of Himachal Pradesh, Shimla. Its contents are extracted hereinbelow: - - "Subject: CWP No. 563/2002 -Rulda Ram v. State of H.P. and Ors. Sir, I am directed to refer to the above mentioned Civil Writ Petition which is pending disposal in the Hon'ble High Court of Himachal Pradesh. In this regard, it has been decided that no Government Building/Mini Secretariat shall be built on the piece of land which is in the possession of Education Department and the same has been allowed to be used as a playground by the Government Senior Secondary School at Manali, District Kullu, Himachal Pradesh. You are, therefore, requested kindly to apprise the Hon'ble High Court of the same accordingly. Yours faithfully, Sd/ - Deputy Secretary (Edu.) to the Govt. of Himachal Pradesh. In view of what has been extracted hereinabove, nothing survives in this writ petition, which is accordingly disposed of. Interim order, if any, shall stand vacated and pending application, if any, shall also stand disposed of."
(3.) HOWEVER , on the same subject -matter another petition being CWP No. 528 of 2003 was preferred by one Raj Chauhan. This Court while adjudicating upon this petition issued various directions from time to time including a direction on 06.05.2005 whereby it directed the respondent "to use the land in the best public interest". Pursuant to such directions, a proposal to build a multi level parking on this land was passed and thereafter duly approved by this Court on 14.12.2006. Notably, even the present petitioner had filed an application for becoming a party therein which application was duly allowed. Therefore, the petitioner was fully aware of these directions. The writ petition was finally dismissed as not pressed vide order dated 08.05.2008.;