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2025 DAILYLAW 1822 (CHH)

PATI RAM SINHA v. SU. SHILPA AGRAWAL

CONT/59/2025 · 2025-01-14

Shri Naresh Kumar Chandravanshi

Writ Petition (Civil)body2025

Judgment text

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1 2025:CGHC:2121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 59 of 2025 • Pati Ram Sinha, S/o Lt. Tangu Ram Sinha, Aged About 70 Years, R/o Village Jalbandha, Post Vijaykala, Tehsil Chhuikhadan, District Khairagharh, Chhattisgarh. The Then Assistant Committee Manager, Krishk Seva Cooperative Society Limited Ghumka, Registration Number 1145 And Paddy Procurement Centre In Charge, Patewa, District Rajnandgaon, Chhattisgarh. ... Petitioner/Applicant versus • Su. Shilpa Agrawal, Deputy Registrar, Cooperative Societies, Rajnandgaon, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Petitioner/Applicant : Mr. Harshmander Rastogi, Advocate. For respondent : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 14/01/2025 1. This Contempt petition has been preferred by the applicant under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act,1971 for non-compliance of the order dated 07.08.2024 passed in WP(C) No.3989/2024. 2. This Court has passed the following order in Writ Petition (C) No.3989/2024 dated 07.08.2024 in paras 8 & 9, annexed as Annexure-C/1 :- “8. Perusal of order impugned would show that the Tribunal has observed that granting of interim relief of stay will be in the nature of final relief which in the facts of the case, in the opinion of this Court, is not correct. Staying the recovery proceedings or the order passed by the Tribunal staying the order passed by the authority wherein the authority held the petitioners liable for causing loss to the Society, will not amount to grant of final relief and therefore the order passed by the Tribunal dismissing the application of the petitioners for grant of interim relief of stay is set aside. The application submitted by petitioners for grant of interim relief of stay of 2 order dated 16.10.2023 is allowed, it is directed that effect and operation of the order dated 16.10.2023 shall remain stayed and this order shall remain in force till decision on the appeal pending before the Tribunal. The Tribunal shall decide the appeal on merits after hearing both the sides, in accordance with law. 9. Accordingly, the writ petition is allowed. Certified copy as per rules.” 3. Learned counsel for the applicant would submit that RRC has been issued by the Nayab Tehsildar Jalbandha, District Rajnandgaon (C.G.) in compliance of order dated 16.10.2023 passed by the Deputy Registrar Cooperative Societies, Rajnandgaon (C.G.), which has been stayed by this Court vide order dated 07.08.2024 passed in WPC No.3989/2024. 4. When specific question was posed to the counsel for the applicant that whether he has filed application before the concerned Nayab Tehsildar informing about the stay order passed by this Court on 07.08.2024 or not, then he submitted that he has not informed to him. 5. Having considered the aforesaid facts, particularly considering the fact that stay order has not been brought in the knowledge of Nayab Tehsildar, therefore, no case of contempt is made, as such I do not find any reason to proceed further in the matter, initiating contempt proceeding against the respondent. 6. However, liberty is left with the applicant to file appropriate application before the concerned Nayab Tehsildar informing him/her about the stay order passed by this Court on 07.08.2024 in WPC No.3989/2024. Thereafter, if Nayab Tehsildar proceed for recovery of stayed amount, then applicant may file fresh contempt petition against the concerned officer. 7. Accordingly, contempt case is dropped. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.14 17:41:46 +0530