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Madhya Pradesh High Court
D.S. Telecom Proprietorship Firm ... vs Sanjay Shukla on 7 April, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1 CONC-6316-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CONC No. 6316 of 2025
(D.S. TELECOM PROPRIETORSHIP FIRM THROUGH OWNER DILSHAD AHMED Vs SANJAY SHUKLA AND OTHERS )
Dated : 07-04-2026
Shri Anand Vinod Bhardwaj - Advocate for the petitioner.
Shri Shailendra Singh Kushwah - Govt. Advocate for respondent No.1.
Shri Dharmendra Dwivedi - Advocate for respondent No.2.
This contempt petition has been filed alleging non-compliance of the order
dated 23.05.2024 passed by this Court in Writ Petition No. 10648 of 2021.
Relevant extract of the said order reads as under:-
"7. The factum of allotment of the tender for construction of
boundary wall and Teenshed of Gaushala over Survey No. 948 in
favour of the petitioner-firm in pursuance to the resolution of PIC
dated 06.07.2017 is not disputed. Even it is not disputed that in
pursuance to the said allotment, the petitioner-firm has carried out
the construction work over the Gaushala. Though the council has
not accepted the fact that the work was completed but no proof in
that regard was produced before this Court that the work never
completed, as no notice for not completing the work, which was to
be completed within two months from the date of the allotment of
the work order, was ever issued or the agreement would be
rescinded due to non-completion of the work, has been placed
before this Court which makes assume this Court that the work
which was allotted to the petitioner was completed within time
frame.
2 CONC-6316-2025
8. The factum of use of Survey No. 948 for Goushala though
was reserved cremation ground was unearthed only in the year
2019 when report was submitted to the Collector, who in turn, vide
order dated 11.03.2020 had stayed further construction work over
the Gaushala and had directed to recover the amount which was
spent on construction over the said land from the then CMO,
President of Municipality and other employees involved.
9. From bare perusal of the order of the Collector dated
11.03.2020 it can also be gathered that no fault of the petitioner-
firm has been found and every responsibility for misusing the
public fund has been placed upon the then CMO, president of
Municipality and other employees. As, when there is no fault on
the petitioner-firm in carrying out the work for construction of
boundary wall and Teenshed of Gaushala at the instance of
Municipal Council, this Court deems it expedient to direct the
Municipal Council to make the remaining payment to the
petitioner-firm and as has been directed by the Collector vide order
dated 11.03.2020 would be free to recover the said amount from
the then CMO, President of Municipality and other employees
involved. Since the payment is due to the petitioner from 2018 the
said amount which is legally due to the petitioner it be released
forthwith.
10. With the aforesaid, present petition is hereby disposed
of."
In compliance with the order of this Court dated 06.04.2026, Smt. Savita
3 CONC-6316-2025
Arvind Gupta, President, Municipal Council, Guna, and Ms. Manjusha Khatri, In-
charge Chief Municipal Officer, Guna, are present in person before this Court.
Smt. Savita Arvind Gupta, President, Municipal Council, Guna, undertakes
before this Court that the order dated 23.05.2024 shall be complied with within a
period of one week.
In view of the aforesaid undertaking, this Court deems it appropriate to
grant a short indulgence to enable compliance of the said order.
Accordingly, list the matter on 16.04.2026.
It is directed that in the event compliance is not effected on or before the
next date of hearing, the President, Municipal Council, Guna shall remain
personally present before this Court on the next date. It is further clarified that if
the order dated 23.05.2024 is duly complied with on or before the next date of
hearing, her personal appearance shall stand exempted.
The In-charge Chief Municipal Officer, Guna is exempted from personal
appearance before this Court until further orders.
(MILIND RAMESH PHADKE)
JUDGE
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