Gauri Baghel Gauri Devdas v. Miss Aditi Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 556 of 2016 • Gauri Baghel (Gauri Devdas) W/o Shankar Devdas, Aged About 35 Years R/o Village Kathiya No.1, Tahsil Tilda, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. Miss Aditi Pandey Chief Executive Officer, Janpad Panchayat, Tilda, District Raipur, Chhattisgarh

2. Mr. Kuntram Sahu, Secretary, Village Panchayat, Kathiya No.1, Tahsil Tilda, District Raipur, Chhattisgarh ................(Contemnors) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. P.P. Sahu, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/12/2016 Heard.

1.

The petitioner has filed this contempt petition alleging willful disobedience of the interim order dated 04.05.2016 passed in WPC No. 1186 of 2016.

2.

Learned counsel for the petitioner submits that on the date when the interim order passed by this Court was placed before the Chief Executive Officer, Tilda the charge was taken from the petitioner. He submits that on 04.05.2016, the Chief Executive Officer, Tilda has passed an order for handling over the charge within a period of 3 days. In compliance of it, the petitioner has handed over the charge to the new coming Sarpanch. Learned counsel could not dispute that before service of the order on 04.05.2016, the charge was handed over to newly elected, thereafter the order of this Court was communicated to them. It appears that the petitioner has sent a legal notice to the Chief Executive Officer on 24.07.2016 informing him regarding the interim order of the Court for handling over the charge to the petitioner again. 3.

It is also brought to the notice of this Court that now the writ petition has been finally decided and the order impugned in the writ

petition has been set aside with a direction to hand over the charge to the petitioner within 10 days.

4.

Taking into consideration, the subsequent development, I am not inclined initiate any contempt proceedings.

5.

The petition is accordingly disposed off with liberty to take such remedy as may be permissible under the law, if the directions given while finally deciding the case, is not complied with by the concerned respondents in the writ petition.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra