High Court Of ChhattisgarhCONT/176/2016disposed off

Smt. Radha Devi v. Him Shikar Gupta

2017-11-17Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 176 of 2016

1. Smt. Radha Devi Wd/o Late Sakhi Charan Gupta, Aged About 70 Years Caste- Rauniyar, R/o Behind Old Sanjay Talkies, Jashpur, Tahsil- Jashpur, Civil And Revenue District- Jashpur (Chhattisgarh)

2. Ashok Gupta S/o Late Sakhi Charan Gupta, Aged About 50 Years CasteRauniyar, R/o Behind Old Sanjay Talkies, Jashpur, Tahsil- Jashpur, Civil And Revenue District- Jashpur (Chhattisgarh)

3. Pramod Kumar Gupta, S/o Late Sakhi Charan Gupta, Aged About 37 Years Caste- Rauniyar, R/o Behind Old Sanjay Talkies, Jashpur, Tahsil- Jashpur, Civil And Revenue District- Jashpur (Chhattisgarh)

4. Vinod Kumar Gupta S/o Late Sakhi Charan Gupta, Aged About 30 Years Caste- Rauniyar, R/o Behind Old Sanjay Talkies, Jashpur, Tahsil- Jashpur, Civil And Revenue District- Jashpur (Chhattisgarh) ---- Petitioners

Versus

1. Him Shikar Gupta Collector, Jashpur (Chhattisgarh)

2. Sunil Nayak S. D. O., Jashpur, District- Jashpur (Chhattisgarh)

3. Ankita Garg Tahsildar, District- Jashpur (Chhattisgarh)

4. Pravesh Chandra Kashyap Chief Municipal Officer, Municipal Council, Jashpur (Chhattisgarh)

5. Kailash Kharole, Sub Engineer, Municipal Council, Jashpur Nagar (Chhattisgarh)

6. Dinesh Singh Clerk, Municipal Council, Jashpur Nagar (Chhattisgarh)

7. Bhola Yadav, Clerk, Municipal Council, Jashpur Nagar (Chhattisgarh) ---- Respondents Shri A.K.Prasad, counsel for the petitioner/s. Shri B.Gopa Kumar, counsel for respondent No.2. Shri Yogesh Chandra, counsel for respondents 5 and 6. Respondents 5 and 6 are also present in the Court.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/11/2017 Learned counsel for the parties jointly submit that there is no dispute that the wall which was constructed, allegedly demolished on the ground of communication gap in violation of the Court's order, has been re-constructed by the respondents and they have prayed for apology for the contempt, if any, committed by them. Respondents who are present in the Court submit unconditional apology. Having considered the totality of the circumstances, steps taken by respondents 5 and 6 during the pendency of this petition, this Court is inclined to take a lenient view of the matter and accepting apology, close the contempt proceedings.

Accordingly, rule is discharged. Contempt petition is closed. Respondents 5 and 6 are set free with a caution to remain cautious in future with regard to compliance of Court's order.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti