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2025 DAILYLAW 24758 (CHH)

RAMPRASAD RAHI v. SHASHANK SINGH

CONT/919/2025 · 2025-07-01

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:29810 HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 919 of 2025 1 - Ramprasad Rahi S/o Shri Kapil Ram Rahi, Aged About 49 Years R/o Village Misda, Tehsil Shivrinrayan, District Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 - Shashank Singh Executive Engineer, Hasdeo Water Management Division, Janjgir, District Janjgir Champa Chhattisgarh 2 - Sudhir Sukhdev Sub Divisional Officer, (Irrigation), Janjgir Branch Canal Sub Division No. 3, Birra, District Janjgir Champa Chhattisgarh 3 - Sanjay Bareth, Tahsildar Tehsil Shivrinarayan, District Janjgir Champa Chhattisgarh ... Respondent(s) Order Sheet 02/07/2025 Shri Ravi Maheshwari, Advocate for the Petitioner. Alleging non compliance of order dated 18.03.2025 passed in WPC No.1446 of 2025, the present contempt petition has been filed. While deciding the said writ petition, the coordinate Bench of this court observed as under: “9. Considering the facts and circumstance of the case, the concerned Sub-Divisional Officer, Department of Water and Irrigation, Janjgir, District Janjgir-Champa (C.G.) is directed to give some time to the petitioner to explain about his illegal possession and to file appropriate reply to the notice. The petitioner is being given 10 days’ time to explain the contents of the notice along with all relevant documents and in turn, the Sub- Divisional Officer, Janjgir is directed to consider the same in accordance with law and to pass a 2 well reasoned order within a further period of 10 days. 10. However, this Court is not expressing any opinion on the merits of the case, but looking to the facts and circumstances of the case, within a period of 20 days, no coercive steps shall be taken against the petitioner i.e. till the decision of reply of the petitioner.” Perusal of record would show that in compliance of court’s order dated 18.03.2025, the department vide memo date 15.05.2025 directed the petitioner herein to appear before the authority on 20.05.2025, but he didn’t appear. Thereafter, again 7 days time was granted to the petitioner from 20.05.2025 to remove encroachment upon government land as he failed to produce relevant document. Again seven days time from 06.06.2025 was granted to the petitioner to remove encroachment. The petitioner was granted 20 days time from the date of passing order by the court dated 18.03.2025 within which time he had to explain about his illegal possession over the government land, in which he failed and only thereafter vide order dated 06.06.2025 eviction proceeding was proposed by the department. Thus, this court is of the opinion that no contempt is made out against the contemnor as sufficient time was granted to the petitioner after court’s order to remove illegal encroachment over government land. Accordingly, the contempt petition stands dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Inder