Smt. Rita Ahuja v. Shri Hemant Verma

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE (C) NO. 612 OF 2021 Smt. Rita Ahuja, W/o Satish Ahuja, aged about 70 years, R/o Village, Post, Police Station and Tahsil - Churiya, District - Rajnandgaon (CG) ... Petitioner versus Shri Hemant Verma, Chief Municipal Officer, Nagar Panchayat - Churiya, District - Rajnandgaon (CG) ... Respondent For Petitioner :

Mr. Love Kumar Ramteke, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/08/2021 1.

Alleging non-compliance of Order dated 15.10.2020 passed by this Court in W.P.(C) No.2380/2020, the present Contempt Petition has been filed by Petitioner.

2.

It would be relevant at this juncture to reproduce herein below the operative part of the Order dated 15.10.2020:- 5.

Let the petitioner appear and submit her explanation before the respondent no.6 within 15 days from today and the respondent no.6, thereafter on due scrutiny of the same, shall take an appropriate decision in accordance with law. Till the respondent no.6 takes a decision after due consideration of the factual matrix of the case, the respondents are restrained from taking any coercive steps against the petitioner either being evicted from the said premises or from carrying on any demolition work on the said site.

3.

From the aforesaid Order of this Court, it is evidently clear that all that this Court had observed was that the Petitioner shall be at liberty to appear before Respondent No.6 and submit her detailed reply to Respondent No.6 who in turn shall scrutinize the same and thereafter take an appropriate decision.

4.

It appears that the Authorities have now again issued with her a final notice. The only requirement in terms of the Order passed by this Court was to give explanation to the notice issued by the Authorities and thereafter they

were supposed to take a decision. Therefore, issuance of notice again by the Authorities would not fall within the ambit of contempt. Petitioner is at liberty to give her reply to the said notice and thereafter the Authorities are expected to pass appropriate order based upon the contents of the reply to be made by Petitioner.

5.

Reserving the right of Petitioner to submit appropriate reply to the notice now issued to her, the present Contempt Petition as of now is disposed of. 6.

Contempt Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) sharad JUDGE