1 2025:CGHC:5705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 150 of 2025 • Tularam Markam, S/o Late Mithu, Aged About 47 Years, R/o Village Charkai, Tehsil Pharasgaon, District Kondagaon (C.G.). ... Petitioner/Applicant versus • Shri Jai Kumar Nag, Tehsildar, Tehsil Pharasgaon, District Kondagaon, (C.G.). ... Respondent (Cause title taken from Case Information System) For Petitioner/Applicant : Mr. Avinash K. Mishra, Advocate. For Respondent : Mr. Keshav Prasad Gupta, Advocate appears on instructions. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 31/01/2025 1. Heard. 2. The instant contempt petition has been filed under Article 215 of the Constitution of India read with Section 10 of the Contempt of Courts Act, 1971 for non-compliance of the order dated 30.07.2021 passed in SA No.529/2019. 3. Vide order dated 30.07.2021 (Annexure-C/1) in SA No.529/2019, this Court has passed the following order :- “Considering the submission of learned counsel for the appellants and also considering the judgment and decree of the Courts below, it is directed that decree for possession, if not executed, shall not be executed till the next date of hearing.” 4. Learned counsel for the applicant would submit that aforesaid order is a part 2 of record of Tehsildar, Pharasgaon, District Kondagaon (C.G.), despite that, concerned Tehsildar is proceeding ahead in said execution proceeding. He further submits that certified copy of order dated 30.07.2021 (Annexure-C/1) has been obtained by the applicant from the record of Tehsildar from concerned revenue case of Tehsildar. It is further submitted that even they have filed the application along with the order of High Court, but Tehsildar, Pharasgaon has not taken the application and has not stayed the said execution proceeding. 5. Counsel appearing for the respondent would submit that application under Section 52 of the Chhattisgarh Land Revenue Code, 1959 has been filed by the applicants (therein), on that count notice has been issued to the applicant (herein). 6. I have heard learned counsel for the parties and perused the material available on record carefully. 7. Having considered the contention of the learned counsel for the parties, this contempt petition is disposed of, as such no case of contempt is made out. However, this Court is granting liberty to the applicant to file fresh application before the Tehsildar Pharasgaon, District Kondagaon (C.G.) along with the copy of order dated 30.07.2021 (Annexure-C/1) passed by the Co-ordinate Bench of this Court in SA No.529/2019. Thereafter, concerned Tehsildar is directed to take application and document on record and do the needful in accordance with law. 8. Accordingly, this contempt proceeding stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.31 14:13:36 +0530