Citation : 2025 Latest Caselaw 2182 Chatt
Judgement Date : 27 February, 2025
1
2025:CGHC:9840
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CONT No. 29 of 2025
1 - Narayan Singh Sahu S/o Late Prabhuram Sahu Aged About 71 Years R/o Village
Rivagahan, Post - Bhendra Tahs-Bhakhara And District Dhamtari (C.G.).
... Petitioner(s)
versus
1 - Shri Rajesh Kumar Toppo Secretary, Department Of Water Resources, Capital Complex,
New Raipur, Raipur (C.G.).
2 - Shri K.S. Guruvar, Chief Engineer, Department Of Water Resources, Shankar Nagar,
Raipur, District Raipur (C.G.).
3 - Shri B.K. Magedra, Executive Engineer, Mahanadi Jalasay Pariyojana No. 1, Gangrel,
(Rudri) District Dhamtari (C.G.).
... Respondent(s)
For Petitioner(s) : Mr. J.K. Gupta, Advocate For Respondent(s) : Mr. Aniket Verma, Advocate
Hon'ble Shri Justice Arvind Kumar Verma, Judge
Order on Board
27/02/2025
1. The instant contempt petition has been filed by the petitioner
herein, alleging non-compliance of this Court's order dated
29.01.2024 passed in WPS No. 449 of 2024.
2. Learned counsel for the petitioner contended that order of this
Court in WPS No. 449 of 2024 passed on 29.01.2024 has not
been complied with by the respondent authorities.
3. Per contra, learned counsel for respondents presented the copy of
order dated 24.02.2024 through covering memo and submits that
order passed by this Court has already been complied with.
4. I have heard learned counsel for the respective parties and
perused the record with utmost circumspection.
5. Para 3 of the order dated 29.01.2024 reads as under:
"3. On the basis of submissions made by counsel
for both the parties, considering the facts of the
case and the limited prayer made by counsel for
the petitioner which is not opposed by learned
State Counsel and further taking into consideration
the judgment passed by this Court in the case of
Roy Mathew (supra), Smt. Sabita Masand (supra)
and also taking into consideration the judgment
passed by this Court in WPS No. 3870 of 2021
(Faguvaram Patel Vs. State of Chhattisgarh and
Ors.) and other connected matters, this writ
petition is disposed of, at this stage, permitting the
petitioner to submit detailed representation before
the concerned respondents/Competent Authorities
within "three weeks" from today, raising all
grounds as raised in this Writ petition along with
copy of this petition. On making such
representation, concerned respondents/Competent
Authority shall consider and decide the same in
accordance with law and relevant rules, within an
outer limit of "60 days" from the date of receipt of
copy of such representation."
6. The petitioner has filed representation before the Secretary, Water
Resources Department on 06.02.2024 and the Chief Engineer,
Mahanadi Project, Raipur (C.G.) has rejected the said
representation vide its order dated 24.02.2025.
7. Therefore, in the considered opinion of this Court, the order dated
29.01.2024 passed by this Court in WPS No. 449 of 2024 has
been complied with and there is no willful disobedience of the
order of this Court.
8. With the aforesaid observation, the present contempt case stands
finally disposed off.
9. However, the right of the petitioner would stands reserved to
assail the subsequent order passed by the respondents in an
appropriate proceeding.
Sd/-
(Arvind Kumar Verma) JUDGE
Madhurima
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