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2025 DAILYLAW 38561 (CHH)

SMT. HIRADEVI CHANDRA v. SANJAY MINJ TAHSILDAR

CONT/1226/2025 · 2025-08-06

Shri Ravindra Kumar Agrawal

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:39407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1226 of 2025 1 - Smt. Hiradevi Chandra W/o Narmada Prasad Chandra Aged About 55 Years R/o Village Kaloud, Tehsil Dabhara, Distirct Janjgir-Champa Chhattisgarh, At Present H. No. Ab 1367/1369 Kaveri Vihar, Jamnipali, Tahsil And District Korba Chhattisgarh ... Petitioner(s) versus 1 - Sanjay Minj Tahsildar Tahsil Dabhara, District Janjgir-Champa Now District Sakti Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Chandrasen Chouhan, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 07/08/2025 1. The petitioner has filed the present contempt petition against the willful violation of the order dated 06.09.2021, passed in WPC No. 3585 of 2021, whereby the following direction has been given:- “2. Considering the fact that the earlier order exits in favour of the petitioner dated 25.03.2008 wherein the ejectment order was passed in favour of the petitioner, the same has not been carried out and one execution is still pending. Presently, the order sheet shows that VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.11 10:39:06 +0530 2 the execution is pending, the last date was on 20.07.2021. Considering the same, it is directed that the Tahsildar Dabhara, District Janjgir-Champa shall conclude the proceeding of execution within 60 days from the date of knowledge of this order.” 2. Learned counsel for the petitioner would submit that in compliance of the order dated 06.09.2021, till date no possession has been delivered to the petitioner with respect to the subject property, and thereby the authorities have willfully violated the order passed by this Court. 3. I have heard learned counsel for the petitioner and perused the material annexed with the petition. 4. From perusal of the order dated 06.09.2021 (Annexure C/1), it transpires that a direction was given to the Tahsildar, Dabhra, District Janjgir-Champa to conclude the proceedings of acquisition within 60 days from the date of knowledge of the order. The petitioner has submitted his representation on 31.01.2023 (Annexure C/2) to Tahsildar, Dabhra, and the Tahsildar, Dabhra has passed the order in the case on 03.03.2023, directing for removal of possession of the non- applicant from the subject property and a memo for removal of the encroachment of the non-applicant was also issued on the same day. 5. It further transpires that the matter has travelled up to the Additional Commission, Bilaspur division, Bilaspur by filing a second appeal in the matter, which was also decided on 15.04.2025, and the order dated 03.03.2023 passed by Tahsildar, Dabhra is affirmed and the order passed by Sub-Divisional Officer, Dabhra dated 31.05.2024 is set- 3 aside. Pursuant to the order passed by Additional Commissioner, Bilaspur division, Bilaspur, another memo for removal of encroachment was issued on 14.07.2025 by the Tahsildar, Dabhra, and another order for removal of the encroachment over the subject land was issued on 17.07.2025, whereby the duties of the village Kotwar has been assigned during removal of the encroachment process. From perusal of the entire material annexed with the contempt petition, it transpires that, the Tahsildar has already concluded the proceedings of execution as ordered by the coordinate bench of this Court on 06.09.2021. 6. I do not find any willful violation or deliberate attempt to violate the order passed by the coordinate bench of this Court dated 06.09.2021 and accordingly the contempt petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved