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2025 DAILYLAW 59425 (CHH)

ISHWAR PRASAD PATHAK v. SHRI SANJAY AGRAWAL, COLLECTOR

CONT/1713/2025 · 2025-11-19

Shri Narendra Kumar Vyas

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:56508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1713 of 2025 • Ishwar Prasad Pathak S/o Shri Khuman Prasad Pathak, Aged About 55 Years R/o Village And Post Lofandi, Koni, District Bilaspur (C.G.) ... Petitioner versus • Shri Sanjay Agrawal, Collector Bilaspur, District Bilaspur (C.G.) ... Respondent For Petitioner : Mr. S.B. Pandey, Advocate For Respondent : None Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 20.11.2025 1. The petitioner has filed the present contempt petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Court Act, 1971 against non-compliance of the order dated 22.06.2017 (Annexure C/1) passed by this Court in WP(S) No. 4065/2016 by the respondent after lapse of 8 years. 2. This contempt petition has been filed after lapse of 8 years whereas the limitation under Section 20 of the Contempt of Courts Act, 1971 provides that no Court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.11.21 10:54:37 +0530 2 alleged to have been committed. The Hon’ble Supreme Court in latest judgment in case of S. Tirupathi Rao vs. M Lingamaiah & Others reported in 2024 INSC 544 has considered the provisions of Section 20 of the Contempt of Courts Act, 1971 with regard to the order passed by the High Court under Article 226 of the Constitution of India and redressed the law that after one year of the order passed by the High Courts no contempt can be initiated. 3. In view of the well settled position of law, the present contempt petition is dismissed as barred by limitation. However, the dismissal of contempt petition does not debar the petitioner to take remedy available to him under the law. Sd/- (Narendra Kumar Vyas) Judge Manish