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2025 DAILYLAW 53606 (CHH)

SHIV SHANKAR PATHAK v. SHRI VISHWADEEP, COMMISSIONER, RAIPUR MUNICIPAL CORPORATION

CONT/1578/2025 · 2025-10-15

Shri Narendra Kumar Vyas

Writ Petition (Civil)body2025

Judgment text

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1 2025:CGHC:51632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1578 of 2025 1. Shiv Shankar Pathak S/o Late Shri Rameshwar Prasad Pathak Aged About 68 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh) 2. Shiv Dayal Pathak S/o Late Shri Rameshwar Prasad Pathak Aged About 72 Years R/o Behind Deshbandhu English School, Gunjpara, Baans Taal, Post Ganj, District - Raipur (Chhattisgarh) ... Petitioner(s) versus 1. Shri Vishwadeep, Commissioner, Raipur Municipal Corporation Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh – 492009 2. Shri U.S. Agarwal, Additional Commissioner, Raipur Municipal Corporation, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh – 492009 3. Ms. Swati Shukla, Assistant Revenue Officer Zone-2, Raipur Municipal Corporation, Shahid Smarak, English Medium School, Fafadih, Raipur, Chhattisgarh – 492009 4. Shri Sanjay Bagde, Chief Engineer Raipur Municipal Corporation, Room No. 404, Head Office, Near Mahila Police Station, Gandhi Maidan, Raipur, Chhattisgarh - 492009 ... Respondent(s) For Petitioner(s) : Ms. Suparna Shrivastava with Mr. Vikas Shrivastava, Advocates For Respondent(s) : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16.10.2025 1. The petitioners have filed the present contempt petition under MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.10.17 10:49:08 +0530 2 Section 12 of the Contempt of Court Act read with Article 215 of the Constitution of India against non-compliance of the order dated 28.11.2018 and 18.03.2019 passed by this Court in WP(C) No. 1445/2024 by the respondents. The operative part of the order dated 28.11.2018 reads as under: “In the meanwhile, the respondents may undertake any fresh activity over the subject land only after obtaining permission of the Court.” 2. Learned counsel for the petitioners would submit that the respondents have issued advertisement for appointment of consultant for providing architectural/consultancy services for development of Gunj Mandi at Raipur City (C.G.), therefore, they have committed contempt of this Court and would prayed for taking cognizance on the contempt proceedings. 3. Per contra, Mr. Pankaj Agrawal, learned counsel for the Corporation on instruction would submit that they have only issue advertisement for appointment of consultant and neither physical possession of the land nor any construction activities have been carried out by them, even they will not do it without the leave of this Court. 4. Therefore, at this juncture, I am of the view that no case of contempt is made out. 5. With aforesaid observation, the contempt petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish