Raghunandan Prashad Rathore v. R.C. Sinha

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CONT No. 300 of 2021 Raghunandan Prashad Rathore S/o Bihari Lal Rathore Aged About 64 Years R/o Village Ward No. 5 Behind Government Hospital, Sakti District Janjgir Champa Chhattisgarh. ---- Petitioner

Versus

1. R.C. Sinha The Secretary General Administration Department Mahanadi Bhawan Mantranlaya, Naya Raipur And Revenue District Raipur Civil Chhattisgarh 490002

2. A.K. Sahu The Chief Engineer P.H.E Department Indravati Bhawan Raipur, Chhattisgarh.

3. Vikash Singh Thakur Divisional Joint Director Treasury, Account And Pension Bilaspur District Bilaspur Chhattisgarh.

---Respondents 23/03/2021 Mr. Barun Kumar Chakrawarti, counsel for the petitioner. Mr. Gagan Tiwari, Dy.G.A. for the State.

The instant petition has been filed for willful disobedience of the order dated 03/03/2020 passed in WPS No.1421 of 2020. The petition has been preferred on 10/03/2021. However, apparently it appears that the petition is barred by limitation in view of section 20 of the Contempt of Court Act, 1971. Learned counsel for the petitioner submits that considering the nature of the order dated 03/03/2020, the petitioner's case may be considered in view of the decision of the division bench of the Madras High Court. Learned State counsel opposes the argument of the petitioner and submits that the circular has already been issued on 15.07.2020 whereby reference made to the order of the High Court of Madras passed in P. Ayyamperumal Vs. Registrar, Central Administrative Tribunal has not been

made applicable.

In view of such submission, no contempt case would be made out against the respondents in this case. Accordingly, this contempt petition is dismissed. The petitioner shall be at liberty to file a fresh petition in view of the circular dated 15.07.2020.

Sd/- (Goutam Bhaduri) JUDGE gouri