Puniram v. Shankar Dayal Mishra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.238 of 2016

1. Puniram S/o Shri Shaniram Teli, Aged About 45 Years R/o Village Soniyadih, Tahsil Bilaigarh, Civil & Revenue District BalodabazarBhatapara (Chhattisgarh)

2. Maldihin, W/o Late Shri Shaniram Teli, Aged About 70 Years R/o Village Soniyadih, Tahsil Bilaigarh, Civil & Revenue District BalodabazarBhatapara (Chhattisgarh) ...........(Appellants) ---- Petitioner

Versus

1. Shankar Dayal Mishra Nayab Tahsildar, Up Tahsil Bhatgaon, Tahsil Bilaigarh, Civil & Revenue District Balodabazar-Bhatapara (Chhattisgarh)

2. Santosh Pandey Patwari Halka No. 43, R/o Village Sarsinwa, Up Tahsil Bhatgaon, Tahsil Bilaigarh, Civil & Revenue District BalodabazarBhatapara (Chhattisgarh).........(Contemnors) ---- Respondents For Petitioners :

Shri P. M. Shriwas, Advocate For Respondent No.1 :

Shri Hemant Kesharwani, Advocate Respondent No.1 is also present in the Court. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/07/2016 Heard.

2.

Learned counsel for the parties could not dispute the factual position emerging from the affidavit that though interim order was passed by this Court on 28-01-2016, it could be brought to the notice of the respondent only on 0302-2016, before which, the respondent No.1 passed the final order on 30-012016. 3.

In view of the aforesaid admitted position on record, in the opinion of this Court, no contempt can be said to have been committed. Rule is therefore

discharged.

4.

However, as the final order dated 30-01-2016 has been passed after the interim order dated 28-01-2016, the respondent No.1 shall do well to take all necessary steps by withdrawing the earlier order and thereafter pass fresh corrective order.

5.

Accordingly, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane