Anil Kumar Pandey v. Tushar Kanti Bose

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 294 of 2021

1. Anil Kumar Pandey S/o Sh. Purshottam Pandey Aged About 40 Years R/o Shanichari Bazar Near Shiv Mandir Bilaspur, District Bilaspur (Chhattisgarh),

2. Smt. Reena Gupta W/o Sh. R.Gupta Aged About 40 Years R/o In Front Of CIMS Hospital Near Punjabi Dharmshala Gondpara Bilaspur (Chhattisgarh), ---- Petitioners

Versus

1. Tushar Kanti Bose Principal, Modern Educational Academy R.S. Compound New Sarkanda Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Petitioner :

Shri Kishan Lal Sahu, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23/03/2021

1. The present contempt petition has been filed alleging non compliance of the order dated 09.07.2020 passed by this Court in WP(C) No. 1040/2020 for the reason that the petitioners were neither a petitioner nor a respondent in the original writ petition, nor the respondents-school against which the present contempt petition has been filed, being a member of the petitioner association which had filed the writ petition.

2. Given the said facts, this Court is of the opinion that no Contempt as such would be made out. In case of any non compliance of any order passed by the State authority pursuant and subsequent to the judgment of this Court, the same would be a fresh cause of action and for compliance of the same, the only remedy available to the petitioner is to approach the Court afresh. The violation of the said

government instruction would not fall within the ambit of the contempt in the given factual circumstances. The Contempt petition accordingly is disposed of with the aforesaid liberty. Sd/- (P. Sam Koshy) Judge Jyotijha