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2025 DAILYLAW 37347 (CHH)

KUSUM KANTI KUJUR v. ALOK SHRIVASTAVA

CONT/1079/2024 · 2025-03-24

Shri Arvind Kumar Verma

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:14146 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1079 of 2024 1 - Kusum Kanti Kujur W/o P. Kujur, Aged About 49 Years R/o Zeenet Green Vihar, Station Road, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - Alok Shrivastava S/o Late Rajendra Shrivastava, Aged About 54 Years Manager, The Central Mine Planning And Design Institute, Mini-Ii Company. .. Present Working A Fully Owned Subsidiary Of Coal India Ltd., Regional Institute, Iv Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. 2 - Manoj Kumar S/o Shri Baleshwar Prasad, Aged About 56 Years Regional Director, Ri-V. The Central Mine Planning And Design Institute, Mini-Ii Company. . Present Working A Fully Owned Subsidiary Of Coal India Ltd., Regional Institute, Iv Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondents ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Hanuman Prasad Agrawal, Advocate For Respondent No. 1 : Mr. Vaibhav Shukla, Advocate --------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 24.03.2025 1. The present contempt petition has been filed by the petitioner alleging non-compliance of order of this Court dated 19.02.2024 passed in WPC No. 2156/2020 (Annexure C/1) Vide order dated 19.02.2024, this Court has passed the following order/direction:- “Taking into consideration the fact that there is an admission on the part of the respondent no. 3 and the petitioner had purchased the property through a registered sale-deed, in the opinion of this Court, the petitioner is entitled to get compensation from respondent no. 3. In the result the petition is allowed. Respondent no. 3 is directed to 2 assess the compensation and pass appropriate orders with regard to the payment of compensation to the petitioner. The entire exercise shall be carried out by respondent no. 3 within a period of six months from the date of receipt of a copy of this order” 2. Learned counsel for the petitioner contended that order passed by this court in Wpc No. 2158 of 2020 vide order dated 19.02.2024 has not been complied with by the respondents. 3. Learned counsel for the respondent contended that SLP has been filed by the respondents before the Hon’ble Supreme court in SLP (Civil) diary No. 37167/2024 on order dated 19.03.2025 and the same has been placed on record. Hon’ble Supreme court has disposed of the matter with certain directions. 4. Hon’ble Supreme Court in SLP (Civil) diary no. 37167/2024 dated 21.06.2024 has ordered as under:- In such view of the matter, we direct the Collector, Bilaspur, District Bilaspur, Chhattisgarh to undertake the said exercise through its officials for the purpose of identifying the exact area and extent, with the specific demarcation of the land owned by the respondents, which is in the possession of the petitioner after due notice is served to both of them. Once the said exercise is undertaken, we direct that the same is concluded within a period of four weeks from today. After the conclusion of the exercise, the said area in possession of the petitioner will have to be handed over to the respondents, within a period of three months thereafter. 5. On bare perusal of the SLP disposed of by the Hon’ble Supreme Court, it is crystal clear that the period of four weeks and period of three months (In total four months) from the date of order of the Hon’ble Supreme Court vide order dated 19.03.2025 has not been elapsed, hence, this court is of the considered opinion that there remains no willful disobedience on the part of the respondents with regard to the compliance of the order passed by this court. 6. Subsequently, the present contempt petition against the respondents is 3 closed and is accordingly disposed of with liberty to file fresh contempt petition if respondent will not comply the order as directed above within a prescribed period. sd/- (Arvind Kumar Verma) Judge alfiza