Smt. Terasiya Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 2208 MP

                                   1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                   BEFORE
             HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
                        ON THE 17th OF FEBRUARY, 2022

               CONTEMPT PETITION CIVIL No. 571 of 2021

        Between:-
        SMT. TERASIYA BAI Wd/O & L.R. to LATE SHRI
        RAMADHAR KUSHWAHA , AGED ABOUT 65 YEARS,
        OCCUPATION: NIL R/O BEHIND MURLI BHAWAN
        KRISHNA NAGAR, SATNA DISTRICT SATNA
        (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY SHRI P.PAREEK - ADVOCATE )

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH P.C.
        BARASKAR THE SECRETARY PUBLIC WORKS
        DEPT. MANTRALAYA VALLABH BHAWAN BHOPAL
        MP (MADHYA PRADESH)

2.      SHRI M. K. NAYAK CHIEF ENGINEER PUBLIC
        WORKS DEPARTMENT REWA ZONE (MADHYA
        PRADESH)

3.      SHRI MANOJ DWIVEDI EXECUTIVE ENGINEER
        PUBLIC WORKS DEPARTMENT(B & R) SUB DN.NO.
        1 SATNA MP (MADHYA PRADESH).

                                                             .....RESPONDENTS
        (BY SHRI VIVEK SHARMA - ADVOCATE)

      T h is petition coming on for admission this day, the court passed the
following:
                                    ORDER

Learned counsel for the petitioner submits that the respondents have not considered the law laid down by this court as mentioned in order dated 2.11.2020 and have passed the order in fragrant violation of the settled legal position. Therefore, the order dated 31.12.2021 (Annex.R/1) passed by the respondents should not be accepted and contempt proceeding be drawn against them.

I have perused the order dated 2.11.2020 passed in W.P.No.16506/2020 and find that respondent No.3 was directed to decide the representation of the petitioner in accordance with law by passing a speaking and reasoned order in the light of judgments mentioned therein. In compliance of the same, the respondents have passed the order dated 31.12.2021, whereby, they have decided that the

petitioner is not entitled for any relief. The correctness of the order which has been passed by the respondents cannot be adjudged in the contempt jurisdiction. However, the petitioner is at liberty to take appropriate recourse in accordance with law to assail the order dated 31.12.2021.

In view of aforesaid, this court does not find it appropriate to proceed with the present contempt petition and the same is hereby dropped.

Contempt petition is disposed of.

(PURUSHAINDRA KUMAR KAURAV) JUDGE MKL

MANOJ Digitally signed by MANOJ KUMAR LALWANI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya

KUMAR Pradesh, 2.5.4.20=ad36bd0a68daf2238756985812b12 526281ad9d6703a41595304a2e8195ef028, pseudonym=3050F1D083ED3727ADE7D79B 55E8D2D9ECCF44E5,

LALWANI serialNumber=8C3E535065CECE45851C1EF8 F4C941F5F7BBEFDAF1B1EDF887C4DEDED3 DA0AA3, cn=MANOJ KUMAR LALWANI Date: 2022.02.21 10:35:43 +05'30'