Shesh Mandavi vs Pradeep Thakur
2022 Latest Caselaw 4524 Chatt

                                     1

                                                                       NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                            CONT No. 577 of 2022
  1. Shesh Mandavi S/o Shri Faguram Aged About 35 Years R/o 504 - J, Ward
     No. 1, Geedam, District : Dantewada, Chhattisgarh
                                                             ---- Petitioner
                                  Versus
  1. Pradeep Thakur Assistant Registrar, Cooperative Society, Dantewada,
     Distt. - South Bastar - Dantewada (C.G.), District : Dantewada,
     Chhattisgarh

                                                            ---Respondent

For Petitioner : Mr. Shrawan Agrawal, Advocate.

Hon'ble Shri Justice P.Sam Koshy Hon'ble Shri Justice Parth Prateem Sahu Judgment on Board

Per P. Sam Koshy, Judge

15.07.2022

1. The instant contempt petition has been filed seeking for initiation of

the contempt proceedings against the respondents on the order

dated 16.11.2021 (Annexure C/1), wherein the authorities have held

that the order passed by the Hon'ble Supreme Court in Suo Motu

Writ Petition (Civil) No. 03 of 2020, would not be applicable upon the

Courts under the Cooperative Law.

2. The matter today is listed on the question of maintainability of the

Contempt Petition.

3. Learned Counsel for the Petitioner tried to submit that since the

Hon'ble Supreme Court had passed a specific direction in the

aforementioned Suo Motu Writ Petition condoning the delay that

would arise during the pandemic period, the said order would be

automatically applicable upon the Judicial Forum, Quasi-Judicial

forum and even on all those Forums where limitation was prescribed

and the provisions of Limitation Act was applicable.

4. Rightly or wrongly, the authorities has passed an order refusing to

condone the delay and that order could have been challenged by the

petitioner. Now, if at all, if the petitioner is of the opinion that the

respondents have committed a contempt, the proper forum would

have been by approaching the Hon'ble Court which had passed the

order against which the contempt is said to have been committed.

5. This Bench therefore is of opinion that the objections raised by the

Registry is proper and the contempt petition stands dismissed as not

maintainable.

                   Sd/-                                       Sd/-
             (P.Sam Koshy)                           (Parth Prateem Sahu)
                 Judge                                       Judge




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