1 2026:CGHC:17949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 766 of 2025 1 - Smt. Sangeeta Soni W/o Shri Bhola Prasad Soni Aged About 56 Years (Wrongly Mentioned In Order Dated 13-05-2024 As Sangita Soni), R/o Ward No. 7, Subhash Chowk, Kharora, Tahsil Kharora, District Raipur (C.G.) ... Petitioner Versus 1 - Jeevan Lal Dewangan S/o Late Shri Ghasiram Dewangan Aged About 58 Years R/o Village Kharora, Tahsil Kharora, District- Raipur (C.G.) 2 - Hori Singh Thakur S/o Tulsi Singh Thakur Posted As Chief Municipal Officer, Nagar Panchayat Kharora, District Raipur (C.G.) ... Respondents For Petitioner : Mr. Shailendra Kumar Bajpai, Advocate For Respondent No. 1 : Mr. Syed Mohammad Sohail Afzal, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20/04/2026 1. This contempt petition has been filed by the petitioner under Section 12 of the Contempt of Courts Act, 1971 r/w. Article 215 of the Constitution of India alleging non-compliance of the order dated 13.05.2024 passed by this Court in WP(C) No. 2557/2024. 2. Learned counsel for the petitioner submits that in the writ petition filed by the Respondent No. 1 herein, this Court while considering the nature of grievance therein has directed to maintain status quo as it exists today 2 with respect to the said land in question shall be maintained by the parties till the next date of hearing which is willfully disobeyed. He contended that according to the photographs annexed along with the contempt petition in Annexure C-2, it is apparent that the structure was not fully constructed, but only in part of the disputed land, the super-structure was constructed and in the next photograph, there was no other continuous construction and further, now, they have completed the superstrcture, opened the shop and operating business. He also contended that the Nagar Panchayat has issued subsequent notice dated 02.05.2025 (Annexure C-4) to maintain the status quo. 3. On the other hand, learned counsel for the Respondent No. 1 submits tht the photograph which is placed on record as Annexure C-2 is of 24.09.2023 which is much prior to the date of filing of the writ petition. On the date of filing of the writ petition, construction was already completed along with shutter which is appearing from the photograph (Annexure C- 3). He also submits that he has also placed on record the photograph as Annexure R—1/1 which is of 06.06.2024 and on the said date, there was complete construction of the building along with shutter. Prior to the passing of the order dated 13.05.2024 (Annexure C-1), the entire building was constructed. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Learned counsel for the parties submits that the writ petition bearing WP (C) No. 2557/2024 which is filed by the Respondent No. 1 herein against the notice issued by the Nagar Panchayat Kharora, District – Raipur for removing the encroachment. 6. Perusal of the notice dated 16.09.2024, it appears that upon inspection, they have found that the petitioner has raised construction upon the excess land. It is this notice which is subject matter of challenge in the 3 writ petition and apprehending that there was threat of removing encroachment by the Nagar Panchayat interim relief was also prayed for interim relief was also prayed for. The interim order dated 13.05.2024 passed by this Court is of the nature restraining the respondent i.e. Nagar Panchayat from removing encroachment and to maintain status quo as it exists today with respect to the said land. 7. In the aforementioned facts of the case, even if the Respondent No. 1 is operating the business in the constructed shop, then also, in the opinion of this Court, it cannot be said to be a disobedience of the order dated 13.05.2024 as from the photographs annexed, it is not appearing that after passing of the order, any construction is raised by the petitioner. 8. Accordingly, the contempt petition is dismissed. The contempt proceedings initiated against the respondents is dropped. Contempt petition is closed. 9. Notices issued to the respondents stands discharged Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY