Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2277
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1191 of 2024 1 - Darwan Singh Verma S/o Shobhit Singh Verma Aged About 48 Years R/o Village - Pikri, Ward No. 01, Tahsil, Police Station And District - Bemetara Chhattisgarh
... Applicant versus 1 - Lalloo Verma The Samiti Manager Sewa Sahakari Samiti Maryadit, Kanteli / Tahsil- Bemetara, District- Bemetara Chhattisgarh 2 - Vinod Rajput The Samiti Manager Sewa Sahakari Samiti Maryadit, Bemetara Tahsil And District- Bemetara Chhattisgarh 3 - The Tahsildar Bemetara District Bemetara Chhattisgarh
... Respondents For applicant : Mr. Sudhir Verma, Adv. For Respondents : Mr. Keshav Gupta, Adv. on instructions. (Hon’ble Mr. Naresh Kumar Chandravanshi, J)
Order on Board 14/01/2025
1. This contempt petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 has been preferred by the applicant for non-compliance of order (Annexure A-1) dated 20-10- 2023 passed in WPC No. 4625/2023 and modification order (Annexure A-2) dated 11-12-2023 passed in MCC No. 737/2023. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.01.17 11:17:51 +0530
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2. Vide order (Annexure A-1) dated 20-10-2023 passed in WPC No. 4625/2023 and modification order (Annexure A-2) dated 11-12-2023 passed in MCC No. 737/2023, passed by this Court, respondents were directed to purchase paddy of 3 Khasra No. 592/7, 687 and 689/3 situated at Bemetara and vide modification order dated 11-12-2023, two khasra no. 131/3 situated at Pikri and 484 situated at Bahunwagaon were also directed to be added and read over in aforesaid order dated 20-10-2023.
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Learned counsel for the applicant submits that despite aforesaid orders passed by this Court, respondents did not purchase paddy of Kharif purchase season 2023-24 from applicant, therefore contempt proceedings may be initiated against them.
4. In reply, learned counsel for the respondents would submit that aforesaid 2 orders were passed in the month of October, 2023 and December, 2023, but instant contempt petition has been filed in the month of September, 2024, whereas purchase of paddy of Kharif purchase season 2023-24 was completed in the month of January, 2024 itself. Since purchase of paddy of Kharif purchase season 2023-24 has already completed long back and the applicant himself was reluctant to get complied with the order of the Court, therefore, no case for contempt is made out.
5. First order dated 20-10-2023 (Annexure A-1) and modification
order (Annexure A-2) dated 11-12-2023 was passed long back for purchase of paddy of aforesaid land for Kharif purchase season 2023-24. Period of purchase of paddy for aforesaid season is said to be completed in the month of January 2024, but it seems that, the applicant himself was negligent, and he filed instant contempt petition in the month of September, 2024 i.e. after about 8 months from completion of period of purchase of paddy for the year
3 2023-24. Applicant has also not stated in his application that paddy of Kharif purchase season 2023-24 is still remaining with the applicant.
6. Having considered aforesaid facts and particularly considering the fact that, both the orders passed by coordinate bench were pertaining to the seasonal transaction, which was completed in the month of January, 2024 itself, thereafter new season has started, hence, I do not find any good ground for proceeding further in instant contempt proceedings against respondents.
7. Accordingly, the rule issued to respondent no. 3 is discharged and contempt proceeding is dropped. Sd/-
(Naresh Kumar Chandravanshi)
JUDGE Pathak