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High Court Of ChhattisgarhCONT/898/2020dismissed

Vikas Kumar Thakur v. Jaiprakash Mourya

2020-12-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 898 of 2020 Vikas Kumar Thakur S/o Balluram Aged About 36 Years (Posted As Patwari At Patwari Circle No. 44 Charbhatha, Tahsil Dongargarh, District Rajnandgaon), R/o House No. 11, Ward No. 11, Revagahan, Tahsil Khairagarh, District Rajnandgaon (Chhattisgarh) ---- Petitioner

Versus

Jaiprakash Mourya, Collector, Rajnandgaon, District Rajnandgaon (Chhattisgarh) ---- Respondent For Petitioner :

Mr. Purnendra Khichariya, Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

02-12-2020 Heard.

1. This Court on 14.08.2020 has passed the following orders:- "4. According to the petitioners, since all the petitioners have already been selected and appointed, no issue is further left for adjudication in these petitions, as their order of restraint to work as Patwari were under challenge. The petitioners having been appointed to the post of Patwari, no adjudication now would left to decide and it would be academic questions would be left out about the process alone. Therefore, all the petitions are dismissed as having become infructuous, at this stage."

2. Learned counsel for the petitioner submits that the petitioner has not been continued in the service. Therefore, there is a violation of the order passed by this Court.

3. Perusal of the order passed by this Court would show that the petitions were disposed of on the ground that the petitioners have been appointed.

The petitioner if is aggrieved by the subsequent action of the State then he has the legal recourse available to him. Further, the petitioner if is of the opinion that the order dated 14.08.2020 has not been passed according to the prayer made then also he has other remedy available except the petition for contempt. After reading of the order, it appears that no deliberate disobedience is made out so as to issue a contempt. Accordingly, the petition is dismissed.

Sd/- (Goutam Bhaduri) Judge Aks