M/S Shri Natural Estates v. Shri Harvansh Singh Miri

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (Civil) No.296 of 2018 M/s Shri Natural Estates, 92 Shahid Smarak Complex, Rajbandha Maidan, Raipur, Through its partner Premraj Jain, 92 Shahid Smarak Complex, Rajbandha Maidan, Raipur (CG) ---- Applicant

Versus

Shri Harvansh Singh Miri, Aged about 42 years, S/o Late Shri S.R. Miri, Working as Sub-Divisional Officer (Revenue) Raipur, District Raipur (CG) ---- Respondent For Applicant:

Mr.Jitendra Pali, Advocate For Respondent :

Mr.Ratan Pusty, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/04/2018 Heard.

1. Learned counsel for the applicant would submit that order dated 25.7.2017 passed in WPC No.3131 of 2008 has not been complied with in its letter and spirit and the Sub Divisional Officer (R.), Raipur has declined to pass the order on merits on the ground that he has no jurisdiction.

2. I have heard learned counsel for the parties.

3. Learned Sub Divisional Officer has clearly recorded a finding that he has no jurisdiction in the matter and it is for the Municipal Corporation who has jurisdiction to decide the application/representation of the applicant under the Chhattisgarh Municipal Corporation and Municipalities (Registration of Colonizer, Terms and Condition) Rules, 2013.

4. In view of the aforesaid finding, no case for contempt is made out against the respondent. However, the applicant is at liberty to question the order dated 28.3.2018 passed by the Sub Divisional Officer (R.), Raipur in accordance with law.

Sd/- (Sanjay K. Agrawal) Judge B/-