Bhilai Education Trust vs Shri Rajnish Chandrakar

                                             1



                                                                                  NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  MCC No. 161 of 2022

   • Bhilai Education Trust Through Surendra Gupta S/o Late B.M. Gupta, Aged
     About 60 Years, The Secretary And Trustee, Bhilai Education Trust, Hospital
     Sector, Bhilai, Tehsil And District - Durg (C.G.)

                                                                           ---- Petitioner

                                       Versus

   • Shri Rajnish Chandrakar The Estate Officer, Steel Authority Of India Limited,
     Bhilai Steel Plant, Bhilai, District- Durg (C.G.)

                                                                      ---- Respondent



      For Petitioner                     :         Shri Dharmesh Shrivastava,
                                                         Advocate



                        Hon'ble Shri Justice Goutam Bhaduri

                   Hon'ble Smt. Justice Deepak Kumar Tiwari

                                Judgment on Board


Per Goutam Bhaduri, J.

12/07/20 22

1. Heard

2. The present MCC has been filed to draw contempt proceedings against the Estate Officer, Steel Authority of India Limited (respondent) for violation of order passed in case No. FA No. 176 of 2017 on 18.05.2017, wherein it was directed that till the pendency of appeal no coercive steps shall be taken against the respondent for eviction.

3. Learned counsel for the petitioner submits that the respondent has started proceeding under the Public Premises (Eviction of 2 Unauthorized Occupants) Act, 1971 ('for short Act of 1971') to evict the applicant, therefore, it would be flagrant violation of the order dated 18.05.2017, therefore, contempt proceedings be drawn against the respondent.

4. Perusal of order dated 03.03.2021 would show that the authority is in know of the order passed by the High Court and observed that usual proceeding under the Act of 1971 can be continued, however no coercive steps shall be taken. In eviction matter the coercive steps would be eventual eviction. The proceeding has been drawn under the Act of 1971 but till know no steps for eviction has been taken or any other orders have been passed. Considering the same, we do not find any merit in the MCC and no deliberate disobedience has been committed by the authority, therefore, MCC is devoid of merit.

5. In view of this, the MCC sans merit is liable to be and is hereby dismissed.

                Sd/-                                                   Sd/-


        (Goutam Bhaduri)                              (Deepak Kumar Tiwari )

                Judge                                             Judge

Jyoti