1 CGHC010264452022 2026:CGHC:37252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 809 of 2022 1 - Roseline Bachmann D/o Edwin Bachmann Aged About 57 Years Resident Of Village And Tahsil Kunkuri, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Petitioner Versus 1 - Ravi Rahi S/o Pramod Rahi Aged About 31 Years Sub Divisional Officer, Kunkuri, District Jashpur Chhatitsgarh., District : Jashpur, Chhattisgarh 2 - Pushpa Khalko Chief Municipal Officer, Nagar Panchayat Kunkuri, District Jashpur Chhattisgarh. 3 - Lokhit Bhagat Chief Executive Officer, Janpad Panchayat Kunkuri, District Jashpur Chhattisgarh. 4 - Santosh Kumar Engineer, Janpad Panchayat Kunkuri, District Jashpur Chhattisgarh. 5 - Kunwar Ekka S/o Philip Ekka, R/o Bendar Bhadra, Behind Rest House Kunkuri, Post, P.S. And Tehsil Kunkuri, District Jashpur (C.G.) 6 - Jeneviba Kindo D/o Piyush Kindo, R/o Tapkara Road, Kunkuri, Post P.S. And Tehsil Kunkuri, District Jashpur (C.G.) 7 - Rosemary Ekka W/o Swastik Ekka, R/o Tapkara Road, Kunkuri, Post P.S. And Tehsil Kunkuri, District Jashpur (C.G.) ... Respondent 2 For Petitioner : Mr. Surfuraz Khan, Advocate For Respondents : Mr. Harshwardhan Parganiha, Advocate [ SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 19/08/2026 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 willful disobedience of the order dated 17.02.2022 passed by this Court in WP(C) No. 2787/2021. 2. Learned counsel for the petitioner submits that this contempt petition has been filed on the ground that after passing of the order, common boundary wall was constructed and also affixed the gate therein by which, the road towards the Kabristan (Graveyard) is being obstructed. Further grievance raised is that, if anyone has to enter into the graveyard, he/she has to enter into the gate of community hall. 3. During the course of arguments on earlier dates of hearing, learned counsel for the respondent submitted that boundary wall was erected and gate was affixed only to protect the community hall from the entry of unsocial elements and for the purpose of safety. After affixing the gate, an attempt is made to handover the key of lock to the petitioner and other members, however, it was refused. 4. He further submits that when observation is made by this Court referring to para 6 of the order passed in the writ petition in presence of the Respondents No. 5 & 6, now the lock of the gate is also open and the affidavit as also the photograph in this regard is filed. Now, any person can use the road to approach the graveyard without any hindrance and therefore, there is substantial compliance of the order passed in the writ petition. 5. I have heard learned counsel for the respective parties and perused the 3 records of the contempt petition. 6. The operative portion of the order subject matter of contempt is extracted below for ready reference:- “6. Given the said submissions by the learned counsel for the respondents and also taking into consideration the contentions put forth by the respondents, the writ petition as of now can be disposed of directing the respondent no.3 to ensure that the lock that he has put forthwith be opened and removed from the gate of the burial ground and further the respondent No.4 also is directed to come with the road showing entrance/access to the burial ground as is reflected in the lay out plan shall be cleared at the earliest and would be used only as a road. It should always be cleared of hindrance and obstacles. The authorities should also ensure that no construction whatsoever shall be made on the said road under any circumstances nor would they permit dumping of construction as materials be dumped on the said road.” 7. The affidavit of the Respondents No. 5 & 6 is filed on 19.08.2026, copy of which is served upon the counsel for the petitioner. In the affidavit, they have specifically pleaded about the compliance with the directions of this Court in its true letter and spirit. The main gate of the compound comprising the entire government land is presently accessible without any restriction thereby ensuring free and unhindered ingress and aggress from the graveyard. It is also pleaded that the Panchnama is this regard is also prepared in presence of the members of the village, intimation is also given to the Collector in this regard on 18.08.2026, copy of which is submitted in the office of the Sub-Divisional Officer (Revenue). Along with the affidavit, they have also enclosed copy of the photograph to show that there is no lock on the gate. 8. Petitioner is present in person as also the Respondents No. 5 & 6. Petitioner has not disputed the fact of opening of lock of the gate and the present status that the gate is opened for all is also not disputed, but she made submission that this act of opening of the lock from the gate is after giving long harassment to her. 9. Be that as it may, from the contents of the affidavit submitted by the 4 Respondent No. 5 & 6 as also, the submission made by the counsel for respective parties as also, the petitioner, I am of the considered view that the order passed by this Court has been substantially complied with by the respondents/contemnor. Accordingly, the order under contempt is purged. 10.The contempt proceedings initiated against the respondents is dropped. Contempt petition is closed. 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