Smt. Akbari Khatoon v. Bijendra Singh Patle

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 360 of 2016 Smt. Akbari Khatoon W/o Yahiya, Aged About 40 Years CasteMuslim, R/o Village- Manpur, Post, P.S. & Tahsil- 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. G.R. Churendra, Posted As Collector Surajpur, Tehsil & P.S. Surajpur, Revenue And Civil District- Surajpur, Chhattisgarh ................(Contemnors) ---- Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate.

For Respondents :

Mr. Shashank Thakur, Advocate.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/11/2016 Heard on admission.

1.

This contempt petition has been filed by the petitioner alleging willful disobedience of an interim order passed by this Court on 18.04.2016 in which, this Court had directed that till the next date of hearing, the petitioner shall not be dispossessed in execution of award. 2.

It is averred in the petition that the respondents were instrumental in getting the land leveled and road/ part of road constructed over the land even after interim order.

3.

The pleadings in the contempt petition are blissfully vague. There is no averment that the petitioner, himself, was present at the spot.

4.

It is quite improbable that instead of construction of road by the Public Work Department, the Collector and SDO would come. The construction has not been witnessed by the petitioner, himself, as is clear from the contempt petition.

5.

The kind of pleadings which have been made in the contempt petition are not sufficient to initiate any contempt proceeding against the respondents. The contempt petition is dismissed however with liberty to file fresh contempt petition.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha