Shrikant Shukla, v. Smt. Fariha Alam Siddique,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 638 of 2020 • Shrikant Shukla, S/o Shri L.P. Shukla, Aged About 49 Years R/o 150, Bandhapara Near Chavra School, Ward No. 13, Kondagaon District - Kondagaon Chhattisgarh.

---- Petitioner

Versus

• Smt. Fariha Alam Siddique, The Chief Executive Officer Zila Panchayat, District - Balodabazar - Bhatapara Chhattisgarh. ---- Respondents ---------------------------------------------------------------------------------------------- For Petitioner :

Mr. Sushil Dubey, Advocate For Respondent :

Mr. Ayaz Naved, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 04-09-2020

1. Learned counsel for the petitioner would submit that the contempt has been committed by the contemnor because in WPS No.855 of 2020 wherein on 07.02.2020 a direction was issued to the respondent to decide the representation within a period of 90 days, however the same has been decided on 03.09.2020 that too not on legal grounds. He further submits that the representation was filed on 13.02.2020 and it ought to have been decided within 90 days.

2. Learned counsel for the contemnor would submit that the

representation already stand decided therefore no grievance left to be adjudicated.

3. Undisputed fact as appears that the representation has been decided on 03.09.2020 and according to the applicant the representation was filed on 13.02.2020. The Court can take the judicial notice of the pandemic situation and closure of various departments of State. Since, the representation has been decided on 03.09.2020, therefore, I do not find that deliberate disobedience has been enumerated in respect of the order to draw the contempt. If the petitioner is aggrieved by the decision of the representation that it is not in accordance with law, it is for him to avail the appropriate remedy as available under the Statute and it cannot be saned in contempt.

4. Accordingly, the contempt petition is dismissed. Sd/- (Goutam Bhaduri) Judge Jyoti