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High Court Of ChhattisgarhCONT/276/2016dismissed

Rajesh Kumar Jaiswal v. M. L. Verma

2016-07-13Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (Civil) No.276 of 2016 • Rajesh Kumar Jaishwal, S/o Shri Samay Lal Jaishwal, aged about 36 years, VillSarai Jhariya, Gram Panchayat-Funga, Post - Katkona, Thana+Tahsil - Khadgawan, District-Korea (C.G.) ---- Petitioner

Versus

1. M.L. Verma, Chief Executive Officer, Janpad Panchayat Khadgawan, Tahsil+Thana - Khadgawan, Distt - Koriya (Baikunthpur) (C.G.J

2. Vinod Kumar Ogre, Block Education Officer, Khadgawan, Tahsil+ThanaKhadgawan, Distt-Koriya (Baikunthpur) (C.G.) ---- Respondents/Contemnors For Petitioner :

Shri Manoj Chauhan, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/07/2016 In Writ Petition (S) No.3248/2013, this Court passed an order on 03.10.2013 disposing off the writ petition in terms of order passed by the Division Bench in the matter of Chhattisgarh Rajya Panchayat Vaikalpik Shikshak Sangh & others Vs. The State of Chhattisgarh & others decided on 11.08.2010 in W.P. No.1731 of 2005 and other connected matters with further direction to take a decision in respect of the writ petitioner within a period of eight weeks from the date of receipt of a copy of the order. 2.

The petitioner submitted a representation on 11.10.2013 along with copy of the order passed by the High Court. Since no decision has been taken, the present contempt petition has been preferred.

3.

Section 20 of the Contempt of Courts Act, 1971 (for brevity 'the Act of 1971') provides that the contempt petition has to be preferred within a period of one year from the date of accrual of cause of action. In the case at hand, the cause of action for filing contempt petition had arisen immediately after the expiry of eight weeks from

11.10.2013. The said period thus expired on 11.12.2013. The contempt petition was thus required to be preferred within a period of one year from 11.12.2013. However, it has been submitted on 01.05.2016, i.e., after more than two and half years from the date of accrual of cause of action.

4.

The contempt petition is apparently barred by limitation. Accordingly, it is dismissed in limine.

Sd/- Judge (Prashant Kumar Mishra) Anjani