Dismissed

Smt. Shanti Devi Pathak v. Rajat Bansal Commissioner

Chhattisgarh HC1 Jul 2019CONT/113/2018

Case brief

AI extract

What is this about?

Group contempt petitions filed for non-compliance with High Court directions regarding land encroachment notices. The Court held that since the notice forming the basis of the earlier order was withdrawn by the respondent Corporation, the rules issued in these contempt cases are discharged and the proceedings are disposed of.

What did the court decide?

Rule issued in contempt cases discharged; cases finally disposed of.

Smt. Shanti Devi Pathak Vs Rajat… — Constitutional and Fundamental Rights | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Contempt Case (C) No. 105 of 2018

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Prashant Shukla S/o. Late Shri Jagannath Shukla, aged about 63 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh).

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---Petitioner

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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Contempt Case (C) No. 109 of 2018

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Ram Moorat Tiwari, S/o Late Shri Rajbali Tiwari, aged about 48 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Shiv Moorat Tiwari, S/o Late Shri Rajbali Tiwari, aged about 45 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Yogendra Tiwari, S/o Late Shri Rajbali Tiwari, aged about 38 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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---Petitioners

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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--- Respondent

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Contempt Case (C) No. 111 of 2018

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Virendra Pratap Singh, S/o Shri Lalta Prasad Singh, aged about 25 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Ravindra Pratap Singh S/o Shri Lalta Prasad Singh, aged about 28 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Subhash Singh S/o Shri Lalta Prasad Singh, aged about 32 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Lalta Prasad Singh S/o Shri Thakur Prasad Singh, aged about 62 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Durga Prasad Singh S/o Late Shri Ayodhya Prasad Singh, aged about 73 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

---Petitioners

Versus

Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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--- Respondent

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Contempt Case (C) No. 113 of 2018

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Smt. Shanti Devi Pathak, W/o Late Shri Shiv Kumar Pathak, aged about 66 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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---Petitioner

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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Contempt Case (C) No. 116 of 2018

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Abhishek Tiwari, S/o Late Shri Ram Narayan Tiwari, aged about 28 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Shakuntala Tiwari W/o Shri Ram Narayan Tiwari, aged about 52 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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---Petitioners

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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Contempt Case (C) No. 108 of 2018

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Anurodh Kumar Singh, S/o Late Shri BhagwanBaksh Singh, aged about 47 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh).

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---Petitioner

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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Contempt Case (C) No. 110 of 2018

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Shiv Shankar Pathak, S/o Late Shri Rameshwar Prasad Pathak, aged about 61 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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Shiv Dayal Pathak, S/o Late Shri Rameshwar Prasad Pathak, aged about 65 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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---Petitioners

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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And

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Contempt Case (C) No. 112 of 2018

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Karsan Bhai Patel, Proprietor-M/s M K Patel & Co., S/o Late Shri KhimjiBhai Patel, aged about 50 years, R/o. Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District-Raipur (Chhattisgarh)

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---Petitioner

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Versus

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Rajat Bansal, Commissioner, Municipal Corporation, Raipur, District Raipur (Chhattisgarh).

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---Respondent

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For petitioners : Ms. Suparna Shrivastava and

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Mr. Vikash Shrivastava, Advocates.

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For respondent : Mr. H.B. Agrawal, Senior Advocate with

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Mrs. Prabha Sharma, Advocate

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Hon’ble Shri Justice Sanjay K. Agrawal

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Order on Board

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01/07/2019

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These contempt petitions have been filed by the petitioners herein for non-compliance of the order dated 23.8.2017 passed by this Court in batch of writ petitions issuing certain directions.

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This Court by order dated 14.12.2018 held that it is a fit case where

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charges can be framed against the respndent/contemnor for disobedience of order dated 23.8.2017. However, this court directed the respondent/contemnor to comply with the order in question in its letter and spirit and file an affidavit (if any) in that regard.

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3. Additional affidavit has been filed on 12.3.2019 in which it has been stated by the respondent/contemnor that notice dated 1.7.2017 which was the basis of order dated 23.8.2017 has already been withdrawn and accordingly, he has complied with the order in question.

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4. Ms Suparna Shrivastava, learned counsel appearing for the petitioners, would submit that though notice dated 1.7.2017 holding the petitioners to be encroachers has been withdrawn, yet some map has been filed alleging the petitioners to be encroachers, which is inappropriate on the part of the respondent/contemnor.

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5. Mr.H.B.Agrawal, learned Senior Counsel appearing for the respondent/contemnor, would submit that the fact remains that notice dated 1.7.2017 which form basis of order dated 23.8.2017 has already been withdrawn and nothing is being done by the Corporation on the land in question and and substantive writ petitions filed by the petitioners are pending consideration before this Court relating to grant of lease.

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I have heard learned counsel for the parties and considered their rival submissions made hereinabove and also went through the records with utmost circumspection.

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In view of the fact that notice dated 1.7.2017 holding the petitioners to be encroachers has already been withdrawn by order dated

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12.3.2019, the rule issued is discharged. So far as Annexure R-3A is concerned, it is the map submitted by the respondent/contemnor and that will be subject to verification and certification by an appropriate authority in appropriate proceedings as notice dated

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1.7.2017 has already been withdrawn by the Corporation itself.

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8. With the aforesaid observation, the contempt cases are finally

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disposed of.

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Sd/-

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(Sanjay K.Agrawal) Judge

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B/-

Smt. Shanti Devi Pathak v. Rajat Bansal Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Shanti Devi Pathak v. Rajat Bansal Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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