K .K. Singh vs Shri Manish Singh Principal Secretary
2024 Latest Caselaw 3488 MP

Madhya Pradesh High Court

K .K. Singh vs Shri Manish Singh Principal Secretary on 6 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 6 th OF FEBRUARY, 2024
                                     CONTEMPT PETITION CIVIL No. 355 of 2024

                          BETWEEN:-
                          1.    K. K. SINGH S/O SHRI RAMLAKHAN SINGH, AGED
                                ABOUT     63   YEARS, OCCUPATION: RETIRED
                                ACCOUNTANT, R/O STATION ROAD SHAHDOL
                                DISTRICT SHAHDOL (MADHYA PRADESH)

                          2.    SOHANLAL    MAHOBIYA   S/O  LATE    SHRI
                                SHANTIRAM MAHOBIYA, AGED ABOUT 63 YEARS,
                                OCCUPATION: RETIRED ACCOUNTANT R/O NEW
                                BUS STAND BEHIND PETROL PUMP WARD NO. 25
                                DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                              .....PETITIONERS
                          (BY DR. ANUVAD SHRIVASTAVA - ADVOCATE)

                          AND
                          1.    SHRI MANISH SINGH, PRINCIPAL SECRETARY
                                FINANCE VALLABH BHAWAN BHOPAL (MADHYA
                                PRADESH)

                          2.    SHRI SANJEEV SINGH COMMISSIONER TRIBAL
                                SATPUDA BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    SMT. VANDANA VAIDHYA COLLECTOR SHAHDOL
                                DISTRICT SHAHDOL (MADHYA PRADESH)

                          4.    SHRI ANAND PASI ASSISTANT COMMISSIONER
                                TRIBAL   DEPARTMENT    SHAHDOL DISTRICT
                                SHAHDOL (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                          (BY SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL)

Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/13/2024
1:20:11 PM
                                                               2
                                This petition coming on for admission this day, Hon'ble Shri Justice
                          Vishal Mishra passed the following:
                                                               ORDER

This contempt petition is filed alleging disobedience of the order dated 31.07.2023 passed by a Division Bench of this Court in W.P. No.13381 of 2023 wherein it has been ordered as under :-

"Learned counsels for the parties 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, they plead 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 in that terms. 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. In identical circumstances, this court has already dropped the contempt proceedings in Conc No.357 of 2024 decided on 05.02.2024. The petitioners in a hurried manner has filed this contempt petition alleging non compliance of the order dated 31.07.2023. Therefore, the claim of the petitioners 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
                          THK