Bhaiyalal Sharma vs Shri Sanjay Shukla
2023 Latest Caselaw 16045 MP

                                                           1

                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                  CHIEF JUSTICE
                                                        &
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 27 th OF SEPTEMBER, 2023
                                      CONTEMPT PETITION CIVIL No. 5432 of 2023

                           BETWEEN:-
                           BHAIYALAL SHARMA S/O LATE SHRI DURGA PRASAD
                           SHARMA, AGED ABOUT 67 YEARS, OCCUPATION: HAND
                           PUMP TECHNICIAN RETIRED R/O REWA, DISTRICT
                           REWA (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (BY SHRI ARUN KUMAR PANDEY - ADVOCATE)

                           AND
                           1.    SHRI SANJAY SHUKLA PRINCIPAL SECRETARY
                                 PUBLIC HEALTH ENGINEERING DEPARTMENT
                                 VALLABH   BHAWAN,    BHOPAL    (MADHYA
                                 PRADESH)

                           2.    SHRI SANJAY KUMAR ANDHANA ENGINEER IN
                                 C H I E F PUBLIC HEALTH    ENGINEERING
                                 DEPARTMENT BHOPAL (MADHYA PRADESH)

                           3.    SHRI SHARAD SINGH EXECUTIVE ENGINEER
                                 PUBLIC HEALTH ENGINEERING DEPARTMENT
                                 REWA DISTRICT REWA (MADHYA PRADESH)

                                                                                  .....RESPONDENTS


                                 This petition coming on for admission this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                            ORDER

This petition is filed on the ground that the order dated 31.07.2023 Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 29-09-2023 17:41:09

passed by this Court in W.P.No.14196 of 2023 has been disobeyed. In terms whereof, the petition was disposed off in terms of the judgment of the Hon'ble Supreme Court passed in SLP (C) No.8219 of 2020 (Madhya Pradesh Power Transmission Company Limited & another vs. S.R. Ramchandran & others) dated 11.07.2023.

2. On a specific question being asked as to what is the disobedience of very direction that is issued, petitioner's counsel is unable to point out the same. We have waited patiently for him to answer our question. Even then he is unable to tell us as to which order is disobeyed. Therefore, we do not find that any contempt arises.

3. We fail to understand as to how learned counsel could file a petition when he is even unable to point out as to what is the disobedience that has been caused by the respondents. He seems to be taking the matters very lightly. Especially in matters of contempt when the respondents are directed to show cause, it is for disobedience of orders of the Court. But, if this is a reckless and callous manner in writ petitions are filed, we do not appreciate such conduct.

4. Therefore, the petition is dismissed by imposing a cost of Rs.5000/- on the petitioner's counsel, to be paid by him out of his funds to the M.P. High Court Bar Association (SB A/c No.519302010000549, IFS CODE: UBIN0551937, Union Bank of India, State Bar Council High Court Branch, Jabalpur).

                                 (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                   CHIEF JUSTICE                                             JUDGE
                           SKM



Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 29-09-2023
17:41:09