Contempt Petition disposed of as no contempt was found since order for temporary allotment was not a clear mandamus; respondents acted freely.
Contempt Petition stands disposed. No contempt held.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CONT. NO. 368 OF 2023
• Keshar Bai Jaiswal, W/o Jivan Lal, aged about 48 years, President, Maa Gaytri Mahila Swa Sahayata Samuh Gram, Aamapali, Gram Panchayat, Khairpali, Janpad Panchayat, Kharsiya, District Raigarh (C.G.)
… Petitioner
versus
• Rohit Kumar Singh, Sub Divisional Officer, Kharsiya, District Raigarh (C.G.)
… Respondent
For Petitioner : Mr. F.S. Khare, Advocate. Hon'ble Shri Justice P. Sam Koshy Order on Board [0 5/04/2023]
1. The present Contempt Petition has been filed alleging noncompliance of the Order dated 27.1.2023 passed by this Court in W.P.(C) No.451/2023.
2. The instant Contempt Petition has been filed on the basis of the observations of this Court to consider the application of the Petitioner for temporarily allotting the Fair Price Shop back to the Petitioner, as the earlier allottee has shown reluctance to operate the said shop.
3. Annexure C-4, dated 13.1.2023, attached to the Contempt Petition, would show that even before the aforementioned Writ Petition got disposed of, the Respondents had already, on 13.1.2023, ordered for temporary operation of the said Fair Price Shop by a different agency.
4. Though learned Counsel for Petitioner submits that Annexure C-4, dated 13.1.2023, is an ante-dated document, but there are no substantial cogent documents and proof available on record in respect of the same. Furthermore, there was no specific or clear mandamus to the Respondents that the application of the Petitioner for temporary allotment has to be allowed. The Respondents were free to take appropriate decision on the same.
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5. Under the circumstances, this Court is of the opinion that no
contempt as such has been made out.
6. The Contempt Petition, accordingly, stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
sharad
Keshar Bai Jaiswal
Rohit Kumar Singh
P. Sam Koshy
As recorded by the court registry
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