01Facts
Om Parkash filed a contempt petition alleging non-compliance with the High Court’s order dated 16 July 2026 in CWP No. 13963 of 2026. That order directed the Estate Officer, HSVP, Gurugram, to decide the petitioner’s application dated 1 February 2026 by a speaking order, after providing an opportunity of hearing, within three months; if the petitioner’s plea was meritorious, relief was to be granted in accordance with law.
p. 1At the hearing, the petitioner’s counsel acknowledged that the respondent had passed a speaking order on 4 November 2026 in compliance with the direction, and sought liberty to challenge that order.
p. 202Issues
i.Whether the contempt petition remained live after the respondent passed a speaking order in compliance with the Court’s earlier direction
p. 2ii.Whether the petitioner could be granted liberty to challenge the speaking order dated 4 November 2026
p. 203Law Applied
The Court cited no statute or precedent.
p. 2The operative principle applied was that where the direction alleged to have been breached has been complied with, the contempt petition may be disposed of as having become infructuous; disposal of the contempt proceeding does not preclude the petitioner from challenging the resulting order through an appropriate proceeding.
p. 204Reasoning
The contempt petition concerned the failure to decide the petitioner’s application as directed in the earlier writ order. The petitioner’s counsel accepted that a speaking order had since been passed in compliance, removing the basis for continuing the contempt proceeding.
p. 2The Court therefore treated the petition as infructuous and accepted the request for liberty to challenge that order, without addressing its merits.
p. 205Holding
The Court disposed of the contempt petition as infructuous.
p. 2The Court granted the petitioner liberty, as requested, to challenge the speaking order dated 4 November 2026.
p. 2Original Court PDF
Om ParkashvsRakesh Saini
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