Smt. Anamika Rathore v. Shri Hriday Mandal
NAFR HIGH COURT of CHHATTISGARH, BILASPUR Contempt Case (C) No. 487 of 2016 Pushpendra Nath Rathore S/o Shri Chhedi Lal Rathore, aged about 40 years R/o Railway Banglapara, near Jagannath Mandir, Raigarh, Thasil and District Raigarh, Chhattisgarh
2. Shri S. Bharti Dassan, Collector, Janjgir-Champa, Collectorate Janjgir, Janjgir, District Janjgir-Champa, Chhattisgarh ................(Contemnors) Contempt Case (C) No.
Vidhayak Singh S/o Shri Yashwant Singh, aged about 23 years, R/o New Shankar Nagar, behind Sheetla Mandir, Block No.2, Dhangardeepa, Raigarh, Tahsil and District Raigarh, Chhattisgarh Contempt Case (C) No.
Vinayak Singh S/o Shri Yashwant Singh, aged about 29 years, R/o New Shankar Nagar, Behind Sheetla Mandir, Block No.2, Dhangardeepa, Raigarh, Tahsil and District Raigarh, Chhattisgarh
Contempt Case (C) No. 505 of 2016 Smt. Santosh Sharma W/o Shri Rajesh Sharma, aged about 54 years, R/o Raigarh Road, Dharamjaigarh, Tehsil Dharamjaigarh, District Raigarh, Chhattisgarh Contempt Case (C) No. 506 of 2016 Smt. Anamika Rathore W/o Shri Pushpendra Nath Rathore, aged about 35 years R/o Railway Banglapara, Near Jagannath Mandir, Raigarh, Thasil and District Raigarh, Chhattisgarh
Contempt Case (C) No. 507 of 2016 Mahendra Sharma S/o Shri Lakshminarayan, aged about 52 years, R/o Kotrapara, Raigarh, Tahsil and District Raigarh, Chhattisgarh For Petitioners :
Shri P. Acharya and Shri Abhyuday Singh Advocates For Respondent No.1 :
Dr. N. K. Shukla, Sr. Advocate along with Shri B. D. Guru, Advocates Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Thottathil B. Radhakrishnan, Chief Justice /04/2017 These petitions are filed seeking initiation of action under the Contempt of Courts Act.
2.
We have heard the learned advocates appearing for the petitioners and the learned senior advocate appearing for the alleged contemnor. 3.
These contempt of Court cases are founded on the directions in the last part of the judgment of the Division Bench in Writ Appeal No. 212 of 2016 in which there is a direction that pending further consideration of the case by the Single Judge, status quo with regard to possession and nature of the land shall be maintained by the parties. We may recall here and now that the said appeal was by NTPC on the plea that the issue dealt with by the Single Judge should not have been concluded without hearing the NTPC.
4.
With the passage of time, now it is stated by the learned counsel for NTPC and also the learned counsel for the petitioners that there is every likelihood of the NTPC and the petitioners reaching at a settlement out of Court and reporting it to the learned Single Judge. The learned counsel for the petitioners are justified in pointing out that these contempt of Court cases have actually put requisite pressure on NTPC to settle the matter since, in the ultimate bargain, it is only an issue of paying off those whose lands have been taken. 5.
Under the aforesaid circumstances, we think that the learned Single Judge should have fair room to appropriately handle all the issues without such proceedings being under the gaze of the contempt of Court proceedings which are now before us. With this in view, we order that these contempt of Court cases shall stand closed hereby without prejudice to NTPC and the petitioners working out their remedies before the learned Single Judge and also without prejudice to the petitioners seeking to reopen these contempt of Court cases if such event becomes inexcusably required with passage of time. Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Bhola