JAI MAA KARMA MAHILA SWA-SAHAYATA SAMOOH, BAHIHNGA v. MADAM DIVYA POTAI
CONT/127/2025 · 2025-01-28
Shri Arvind Kumar Verma
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5742 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5742 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:4913
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 127 of 2025 1 - Jai Maa Karma Mahila Swa-Sahayata Samooh, Bahihnga, Through President Smt. Leela Bai, W/o Shri Khemram Sahu, Age About 36 Years, R/o Village Bahinga, Tahsil And District Bemetara (C.G.).
... Petitioner(s) versus 1 - Madam Divya Potai Sub - Divisional Officer (Revenue), Bemetara, District Bemetara (C.G.).
... Respondent(s) For Petitioner(s) : Mr. Punit Ruparel along with Ms. Priya Agrawal, Advocate For Respondent(s) :
Hon’ble Shri Justice Arvind Kumar Verma, Judge
Order on Board 28/01/2025
1. The instant contempt petition has been filed by the petitioner against the order dated 13.12.2024 passed by this Court in WPC No. 5815 of 2024.
2
2. This Court vide the aforesaid order directed the respondents in para 6 as under:
“6. Having considered the aforesaid facts of the case and contentions put forth by the counsels for the parties, since impugned order (Annexure P/7) dated 10.10.2024 and recovery order dated 10.10.2024 for recovery of amount of Rs. 5,56,393.93/- have been passed without providing due opportunity of hearing to the petitioner/society, which violates the principle of natural justice, as well as against the provisions of Clause 16 of the
Order 2016, therefore, the order (Annexure P/7) dated 10.10.2024 and order of recovery of aforesaid amount dated 10.10.2024 are quashed, however, liberty is left with the respondent no. 4/Sub Divisional Officer (Revenue) Bemetara, District Bemetara (C.G.) to take appropriate steps, after providing due opportunity of hearing to the petitioner/society, as has been contemplated under the Order 2016.”
3. Learned Counsel for the petitioner contended that the order of this Court has not been complied with.
4. I have heard learned counsel for the parties and perused the record with utmost circumspection.
5. Perusal of record shows that it is crystal clear that the Sub Divisional Officer (Revenue) Bemetara passed the order without giving opportunity of hearing to the petitioner which violated the principle of natural justice and hence this Court quashed the order dated 10.10.2024 passed by the SDO (Revenue) Bemetara.
6. Thereafter, as per Annexure C/3, the Sub Divisional Magistrate has issued a show cause notice to the petitioner on 31.12.2024 for her appearance. Therefore, this Court is of the view that there
3 is no wilful disobedience of the order of this Court by the respondents.
7. With the aforesaid observation, this Contempt petition stands
disposed off.
8. However, the right of the petitioner would stands reserved to assail the subsequent order passed by the respondents in an appropriate proceeding. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima