Smt. Gangotri Bai v. Smt. Shammi Abidi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 75 of 2016 • Smt. Gangotri Bai W/o Shri Uday Ram, Aged About 72 Years Caste Halba, R/o Village Chhawela, P.S. And Tahsil Bhanupratappur, District Uttar Bastar, Kanker, Chhattisgarh ---- Petitioner

Versus

• Smt. Shammi Abidi , Collector, Collectorate, Uttar Bastar, Kanker, Chhattisgarh ---- Respondent Md. Tariq Haider, counsel for the petitioner/s. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/02/2016 Heard.

The petitioner has filed this petition alleging willful disobedience of order dated 21/09/2015 on the part of the respondent. 2.

On petitioner's own showing, representation was submitted to the Collector on 13/10/2015. A perusal of memo dated 07/01/2016 (Annexure C/3) shows that the Collector immediately thereafter, vide letter dated 16/10/2015 had directed the Sub-Divisional Officer, Revenue, Bhanupratappur to submit necessary report to facilitate decision of the case. A reminder has also been sent on 07/01/2016. It appears that because of non-submission of report by the Sub-Divisional Officer, Revenue, Bhanupratappur, the matter has not been decided finally.

3.

At this stage, therefore, case of willful disobedience is not made out. However, the Collector should either take final decision or initiate appropriate action against the Sub-Divisional Officer, who despite notice and knowledge of the time bound direction of this Court, has not cared to submit report before the Collector.

4.

Let the Collector take final decision with or without the report of SubDivisional Officer at the earliest. The contempt petition is accordingly dismissed however, with liberty to revive if the direction of the Court is not complied with. Sd/- (Manindra Mohan Shrivastava) Judge Deepti