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High Court Of ChhattisgarhCONT/335/2016dismissed

Seraj Ahmad v. Bijendra Singh Patle

2016-08-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 335 of 2016 • Seraj Ahmad S/o Late Rahmatullah, Aged About 43 Years R/o Masjidpara Surajpur, P.S. & Tehsil- Surajpur, Revenue & Civil District- Surajpur, Chhattisgarh ---- Petitioner

Versus

1. Bijendra Singh Patle , Posted As Sub-Divisional Officer/ Land Acquisition Officer Surajpur, Tehsil & P.S. Surajpur, Revenue And Civil District- Surajpur, Chhattisgarh

2. T.R. Chauhan, Posted As Tehsildar Surajpur, Tehsil & P.S. Surajpur, Revenue And Civil DistrictSurajpur, Chhattisgarh .................(Contemnors) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Surfaraj Khan Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/08/2016 1.

This petition has been filed by the petitioner against respondent No.2 for willful disobedience of the order dated 06.04.2016 passed by this Court.

2.

Learned counsel for the petitioner submits that though this Court has not stayed the proceedings and directed to take the decision of the appeal on merits, the Sub Divisional Officer has stayed the proceedings. The other grievance is that though the petitioner intends to sell out the property, respondent No.2 - Tehsildar has not certified entries of revenue records, which record the name of the petitioner.

3.

This Court has only stayed the effect and operation of the impugned order dated 10.03.2016. This Court has not restrained the authority

to decide the case on merit, therefore, the Sub-Divisional Officer should proceed to decide the case on merits.

4.

So far as the other grievance of the petitioner is concerned, it is not a contempt. It appears that because of the pending dispute, the Tehsildar may be waiting for some order. It is always open for the petitioner to pray for decision of the pending case, for which he may move application in the pending matter.

5.

The contempt petition is accordingly dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Chandra