High Court Of ChhattisgarhCONT/639/2016disposed off

Gopal v. Vivek Dhand

2017-01-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 639 of 2016

1. Gopal S/o Late Ram Bhagat, Aged About 63 Years R/o VillageDumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

2. Sant Kumar S/o Late Ram Sunder, Aged About 31 Years R/o VillageDumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

3. Nand Kumar S/o Late Ram Sunder, Aged About 33 Years R/o VillageDumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

4. Phoolmati D/o Late Ram Sunder, Aged About 28 Years R/o VillageDumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

5. Indra Kunwar W/o Late Ram Sunder, Aged About 51 Years R/o Village- Dumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

6. Dhansai S/o Late Ram Bhagat, Aged About 61 Years R/o VillageDumaria, Post, P.S. & Tehsil- Surajpur, Revenue & Civil District Surajpur, Chhattisgarh ---- Petitioners

Versus

1. Vivek Dhand Posted As Chief Secretary To The State Of Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Revenue & Civil District Raipur, Chhattisgarh

2. K.R.Pisda, Posted As Chief Secretary To The Chhattisgarh, Mahanadi Bhawan, Naya Raipur, Revenue And Civil District Raipur, Chhattisgarh

3. G.R.Churendra, Posted As Collector Surajpur/ Land Acquisition Officer, Surajpur, Revenue & Civil District Surajpur, Chhattisgarh

4. Brijendra Singh Patle, Posted As Sub-Divisional Officer (Revenue) Surajpur, Revenue & Civil District- Surajpur, Chhattisgarh

5. Anand Vibhor S/o Dr. A.V.Shrivastava, Aged About 46 Years Currently Posted As A G M - Land Acquisition, S R C P L Surajpur, M/s Sarguja Rail Corridor Private Limited, Ketka Road, Behind Shyam Mandir, Surajpur, Revenue & Civil District Surajpur, Chhattisgarh ............... (Contemnors) ---- Respondents For Petitioners :

Shri Surfaraj Khan, Advocate

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/01/2017 Heard on admission.

The petitioners have filed this contempt petition alleging that despite order dated 23.09.2015 passed by this Court in WP(C) No. 1718 of 2015, appropriate steps have not been taken in the case of the petitioners towards effective implementation of rehabilitation policy though the land has been acquired. He also submits that this Court had directed that the copy of the order be sent to the Chief Secretary of the State for issuance of necessary direction of all concerned but till date, the petitioners have not come to know about any such direction issued by the Chief Secretary of the State. 2.

After going through the petition and various orders annexed herewith, I find that one of the respondent had filed a review petition which was dismissed on 29.01.2016. Thereafter, that party preferred a writ appeal which was also dismissed as withdrawn on 17.08.2016. Therefore, in these circumstances, when more than 4 months have elapsed, it is high time when the direction issued by this Court should be complied with scrupulously. 3.

Shri B. Gop Kumar, Dy. A.G. for the State is present in the Court. He submits that he will be apprised the Chief Secretary that the order which was passed by this Court on 23.09.2015 has attained finality after dismissal of writ appeal vide order dated 17.08.2016 which requires issuance of necessary direction for implementation of the judicial order of the Court. 4.

At this stage, this petition is disposed off. However, if appropriate steps are not taken by the concerned officer in implementation of the order of the Court within a reasonable time, the petitioners would be at liberty to revive this contempt petition after 60 days. A copy of this order shall be submitted by the petitioners to the Chief Secretary of the State and all respondents for due and effective implementation. Sd/- (Manindra Mohan Shrivastava) Judge Rekha