Hari Shankar Choursia vs Shri Anay Dwivedi
2024 Latest Caselaw 3335 MP

Madhya Pradesh High Court

Hari Shankar Choursia vs Shri Anay Dwivedi on 5 February, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                           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 5 th OF FEBRUARY, 2024
                                     CONTEMPT PETITION CIVIL No. 358 of 2024

                         BETWEEN:-
                         HARI SHANKAR CHOURSIA S/O SHRI GULAB CHAND
                         CHOURSIA, AGED ABOUT 64 YEARS, OCCUPATION:
                         RETIRED OFFICE ASSISTANT GR. II, FROM THE E.E.
                         (CITY) NORTH MPPKVV CO. LTD. JABALPUR R/O 145,
                         MOTI LAL NEHRU WARD, NEAR DARHAI CHOWK, IN
                         FRONT OF FAKIRCHAND AKHADA, JABALPUR,
                         DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI P.K.KHARE - ADVOCATE)

                         AND
                         1.    SHRI ANAY DWIVEDI MANAGING DIRECTOR
                               MADHYA PRADESH PURVA KSHETRA VIDYUT
                               VITRAN COMPANY LIMITED SHAKTI BHAWAN
                               RAMPUR   JABALPUR  DISTRICT JABALPUR
                               (MADHYA PRADESH)

                         2.    SHRI K.L. VERMA CHIEF ENGINEER (JR)
                               MADHYA PRADESH PURVA KSHETRA VIDYUT
                               VITRAN COMPANY LIMITED RAMPUR JABALPUR
                               DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


                               This petition coming on for admission this day, Hon'ble Shri Justice
                         Vishal Mishra passed the following:
                                                            ORDER

This contempt petition is filed alleging non-compliance of the order dated

17.08.2023 passed by a Division Bench of this Court in W.P. No.19803 of 2023 wherein it has been ordered as under :-

"Learned counsel for the petitioner submit that the question of law that arises for consideration in this petition is covered by the judgment of the Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Limited and another vs. S.R. Ramchandran & others) dated 11.07.2023. Hence, he pleads that this petition be also disposed off on the same terms.

In view of the submission made, the petition is disposed off in terms of the aforesaid judgment of the Hon'ble Supreme Court."

2. The order impugned shows that the writ petition was disposed off in terms of the judgment passed by the Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Limited and another Vs. S.R. Ramchandran & others) dated 11.07.2023 and the petition was disposed off. No time limit was fixed by the writ court to comply with the directions given by the Hon'ble Supreme Court. The writ court has merely observed that the claim of the petitioner is covered by the judgment of the Hon'ble Supreme Court in the case of S.R. Ramchandran (supra). Once there is no time limit being fixed by the court, it cannot be said to be a willful disobedience of the order passed by this court. Therefore, the claim of the petitioner does not fall under the category of the contempt of the court's order, therefore, no contempt is made out.

3. The proceedings are dropped.

                              (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                CHIEF JUSTICE                                            JUDGE






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