Purushottam Lal Rathore vs Smt. Neetu Agrawal
2022 Latest Caselaw 3862 Chatt

                                         1

                                                                            NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                           MCC No. 283 of 2022
  1. Purushottam Lal Rathore S/o Shri Khamhan Prasad Aged About 58 Years
     Occupation-Daily Wager Employee, Resident Of Village Ratan Mahka,
     Post Dhadhra P.S. And Tahsil Kharsia, District Raigarh (C.G.), District :
     Raigarh, Chhattisgarh
                                                                    ---- Applicant
                                       Versus
  1. Smt. Neetu Agrawal Commissioner Nagar Palika Niagam, Kharsiya, District
     Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
  2. Tomson Ratre Chief Muncipal Officer Kharsiya, District Raigarh
     Chhattisgarh, District : Raigarh, Chhattisgarh

                                                                ---Respondents

For Appellant : Mr. Manoj Kumar Jaiswal, Advocate.

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

Per P. Sam Koshy, Judge

17.06.2022

1. The present MCC has been filed seeking for recalling of the order

passed in Contempt Case No. 749 of 2019.

2. The ground for seeking recalling of the order is that the petitioner

overlooked the decision of the respondents when the contempt

petition was got disposed of.

3. On the perusal of the records, this Court finds that the petitioner had

crossed the age of superannuation on 31.03.2019 whereas the

original writ appeal got disposed of on 29.04.2019, ignorant of the

fact that the petitioner had already crossed the age of

superannuation. When the matter was taken up for consideration by

the respondent-authorities, they found that the petitioner had already

crossed the age of superannuation. Therefore, they have passed the

order dated 30.12.2021 Annexure R-2/6 in the records of the

contempt petition.

4. Given the said facts, we are of the firm view that no strong case

seeking for recalling of the order as such has been made out. The

present MCC deserves to be and is accordingly rejected.

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




Jyoti