J.P. Yadav v. K.D.P. Rao

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONTEMPT No. 567/2019 RESERVED ON 12-3-2020 DELIVERED ON 13-3-2020

1. J.P. Yadav S/o Shri R.R. Yadav Aged About 61 Years Assistant Milk Commissioner, Office Of Deputy Director, Veterinary Services, Baikunthpur, District Koriya Chhattisgarh

2. Jogender Singh S/o Shri Rajbahadur Singh Aged About 56 Years Assistant Milk Commissioner, Office Of Deputy Director, Veterinary Services, Surajpur Chhattisgarh

3. Ram Prasad Yadav S/o Jagannath Yadav Aged About 53 Years Dairy Attendant, Office Of Deputy Director Veterinary Services, Baikunthpur, District Koriya Chhattisgarh

4. Ramesh Kumar Sahu S/o Shri Bhuvanlal Sahu Aged About 58 Years Dairy Attendant, Office Of Deputy Director, Veterinary Services, Bilaspur Chhattisgarh ---- Petitioners

Versus

1. K.D.P. Rao Additional Chief Secretary, Cum Agriculture Commissioner, Department Of Krshi And Pashudhan Vikas, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh

2. Hemant Pahare Secretary, Department Of Pashudhan Vikash, Mantralaya, Mahanadi Bhawan, Mantralaya, Atal Nager, Raipur Chhattisgarh. Contemnors ---- Respondents For applicants : Shri Neeraj Choubey, Adv.

For Non-applicant : Shri Ankit Verma, Adv. On behalf of Shri Jitendra Pali, Adv.

Hon'ble Shri Sharad Kumar Gupta, Judge CAV ORDER 1.

The applicants have preferred this contempt petition under Section 12 of the Contempt of Court Act, 1971 (in short 'Act of sd1971') read with Article 215 of the Constitution of India.

2.

Earlier while deciding the bunch of writ petitions(s) bearing W.P.S. No. 1142/2013 and other matters filed by the applicants, this Court vide common order dated 15-1-2019 Annexure C-3, has observed in para 5 as under :- "5. In view of the same, the impugned order dated 30-1-2013 stands quashed. The respondents/State authorities however are given liberty

to take a fresh decision in accordance with law." 3.

From aforesaid observation it is clear that this Court has granted liberty to the State authorities to take a fresh decision in accordance with law. No time was fixed by this Court. As per reply of non-applicants matter is still pending before State authorities. Prima facie it does not appear that nonapplicants have committed any deliberate breach of that order. 4.

Consequently, this Court finds that no prima facie contempt case is made out against the non-applicants. Instant contempt petition sans substance and is hereby dismissed.

5.

Parties shall bear their own costs.

Sd/- (Sharad Kumar Gupta) Judge Pathak