Ramji Banarjee v. Shri Dhananjay Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 464 of 2016 • Ramji Banarjee S/o Shri Chaklu Banarjee, Aged About 40 Years R/o Village- Damapur Bazar, Tahsil- Pandariya, DistrictKabirdham, Civil And Revenue District- Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. Shri Dhananjay Dewangan, Posted as Collector, District Kabirdham, Chhattisgarh

2. Shri R.D.Diwan, Posted as Additional Collector, DistrictKabirdham, Office Of Collector, District- Kabirdham, Chhattisgarh ...............(Contemnors) ---- Respondents For Petitioner Shri Vikash Shrivastava Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/10/2016 1.

By order dated 04.07.2016 passed in WPC No.1562/2016, the Additional Collector, Kabirdham was directed to decide the pending appeal within a period of 8 weeks from the date of presentation of certified copy of the order.

2.

The petitioner appears to have served copy of the order in the Office of the Collector, Kabirdham on 12.07.2016, however, the seal appended on Annexure-C-2 is that of the Collector, Kabirdham and not of the Additional Collector, Kabirdham. Moreover, there is no submission memo by which it was brought

to the notice of the Additional Collector that the appeal is to be decided within 8 weeks. The petitioner submitted a representation on 19.09.2016 vide Annexure-C-3.

3.

In course of hearing of this contempt petition, it is informed that at present the Office of the Additional Collector, Kabirdham is vacant.

4.

In view of the above, the contempt petition is disposed of with an observation that as and when the Office of the Additional Collector, Kabirdham is occupied, the petitioner shall submit a representation along with certified copy of the order dated 04.07.2016 in WPC No.1562/2016 brining into notice of the Additional Collector that the pending appeal is required to be decided within 8 weeks. If the appeal still remains undecided within 8 weeks from the said date, the petitioner would be at liberty to move afresh before this Court.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala