Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5513
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 908 of 2024
1. Smt. Swati Tiwari, W/o. Shri Gaurav Tiwari, Aged About 44 Years, R/o. C-14, Opp.-Surana Card Gallery, Nanesh Shailendra Nagar, Raipur, District Raipur (C.G.).
2. Smt. Pragati Oak, W/o. Shri Kingshuk Maity, R/o. H.No.21, Suryodaya Colony, Tatibandh, Raipur, District Raipur (C.G.)
... Petitioners/Applicants versus
1. Shri P. Dayanand, Chairman, Chhattisgarh State Power Companies Ltd., 2nd Floor, Vidyut Sewa Bhawan, Dagania, Raipur, District Raipur (C.G.).
2. Shri Rajesh Kumar Shukla, Managing Director, Chhattisgarh State Power Transmission Co. Ltd., 2nd Floor, Vidyut Sewa Bhawan, Dagania, Raipur, District Raipur (C.G.).
3. Shri Ashok Kumar Verma, Executive Director (H.R.), Chhattisgarh State Power Transmission Co. Ltd., Old Administrative Building, Dagania, Raipur, District Raipur (C.G.).
... Respondents (Cause title taken from Case Information System) For Petitioners/Applicants : Mr. Rajesh Kumar Kesharwani, Advocate. For Respondents No.2 & 3 : Mr. K. R. Nair, Advocate. Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order on Board 30/01/2025
1. Heard.
2. The instant contempt petition has been filed 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 19.04.2024 passed in WP(S) No.2327/2024.
3. This Court has passed the following order dated 19.04.2024 in WP(S)
2 No.2327/2024 in paras 5 & 6 :-
“5. Considering the entirety of the facts and circumstances, submission made by counsel for petitioners; documents placed along with writ petition; interim order dated 14.7.2022 passed in WPS No.738/2019; representations submitted by petitioners vide Annexure-P/9 as also the relief sought in this writ petition, I find it appropriate to dispose of this writ petition directing the petitioners to submit fresh representation before respondents No. 2 & 3 raising all the grounds as raised in this writ petition. If such a representation is submitted by petitioners, respondent No.2 & 3 shall consider and decide the same in accordance with law expeditiously, preferably within a period of 3 months from the date of receipt of this order.
6. Certified copy as per rules.”
4. Learned counsel for the applicants would submit that though representation filed by the applicants has been decided vide order dated 29.01.2025 (Annexure-R/2), but the same has not been decided in letter and spirit of the
order under contempt, therefore, contempt proceeding may be initiated.
5. In reply, learned counsel appearing for the respondents No.2 & 3 would submit that representation filed by the applicant has been decided by the respondent authorities vide order dated 29.01.2025 (Annexure-R/2), hence,
order under contempt has been complied with.
6. Perusal of order under contempt shows that there was only order to consider and decide the representation filed by the applicants and the same has been decided vide Annexure-R/2 dated 29.01.2025.
7. Having considered the aforesaid fact that order under contempt dated 19.04.2024 passed in WP(S) No.2327/2024 has been complied with, thus, no case of contempt is made out, as such I do not find any reason to proceed further in the matter, initiating contempt proceeding against the respondents, as merits and demerits of the case cannot be considered in contempt proceeding.
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8. If, applicants are not satisfied with the order passed by the respondent authorities with regard to their representation, then they may take recourse to law for redressal of their grievance, if so advised.
9. Accordingly, the rule issued is discharged and contempt proceeding is dropped. No order as to costs. Sd/-
(Naresh Kumar Chandravanshi)
Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.30 17:51:54 +0530