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High Court Of ChhattisgarhCONT/406/2021dismissed

Dular Ram Verma v. Avinash Champawat

2021-06-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 406 of 2021

1. Dular Ram Verma S/o Parasram Aged About 47 Years R/o Village Bichchitola, Post Office Ramatola, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh.

2. Govind S/o Bhukhuram Aged About 51 Years R/o Village Bichchitola, Post Ramatola, Tahsil Dongargarh , District Rajnandgaon Chhattisgarh.

3. Brujlal S/o Parasram Aged About 52 Years R/o Village Bichchitola, Post Ramatola, Tahsil Dongargarh , District Rajnandgaon

4. Birjhu S/o Mehtar Aged About 52 Years R/o Village Bichchitola, Post Ramatola, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. ---- Petitioners

Versus

1. Avinash Champawat Secretary, Department Of Water Resources Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. Dharamchand Jain Chief Engineer Department Of Water Resources Mantralaya, Mahanadi Godawari Kachar, Shankar Nagar Chowk Raipur , District Raipur Chhattisgarh.

3. Umesh Kumar Mishra Executive Engineer Water Resources Division, Rajnandgaon, District Rajnandgaon .

---- Respondents For petitioners - Shri Gary Mukhopadhyay, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 17/06/2021 Heard.

1.

Pursuant to order dated 2/01/2020 direction was made to decide the claim of the petitioners in the light of the Supreme Court judgement Secretary, State of Karnataka & ors. Vs. Umadevi, (2006) 4 SCC 1. 2.

Learned counsel submits that respondents have decided the case on 2/11/2020 and their claim has been dismissed and it was not considered in accordance with law laid down in case of Umadevi as also circular dated 5/03/2008.

3.

After consideration of the fact, it appears that claim of the petitioners have been negated, therefore the petitioners would be at liberty to challenge the order dated 02/11/2020 (Annexure P/2) in regular proceeding. No deliberate

disobedience of the order comes to fore so as to draw contempt proceeding. Petition therefore sans merit and accordingly it is dismissed. The petitioners would be at liberty to challenge their claim in properly constituted petition. Sd/- (Goutam Bhaduri) JUDGE gouri