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2026 DAILYLAW 5218 (CHH)

RASID BEG (DIED) THROUGH LRS v. SHABBIR BEG

CONT/1259/2025 · 2026-04-05

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:15687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1259 of 2025 1 - Rasid Beg (Died) Through Lrs S/o Shri Shakur Beg 1.1 - Mirza Anwar Aged About 40 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District - Raipur Chhattisgarh 1.2 - Mirza Aslam Aged About 38 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District - Raipur Chhattisgarh 1.3 - Shahnaaz Begam Aged About 46 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District - Raipur Chhattisgarh 1.4 - Shamshad Begam Aged About 44 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District - Raipur Chhattisgarh 1.5 - Sarfaraz Begam Aged About 41 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District - Raipur Chhattisgarh ... Petitioner(s) versus 1 - Shabbir Beg S/o Shakur Beg Aged About 58 Years R/o Village Dharsiwa, Ra. Ni. Mandal Dharsiwa, Tahsil Dharsiwa, District Raipur Chhattisgarh ... Respondent (Cause title is taken from CIS) For Petitioners : Mr. Sunil Verma, Advocate For Respondent : Mr. Vikas Patel with Mr. Praveen K. Tulsyan Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.04.10 18:08:50 +0530 2 Order on Board 06/04/2026 1. This Contempt petition has been filed alleging the willful disobedience of interim order dated 22.04.2025. 2. Learned counsel for the petitioner submit that after passing of the interim order dated 22.04.2025, respondents have cultivated the land, harvested the crops and sold the crops standing on the agriculture land subject matter of the writ petition WP(227) No. 655/2022 and thereby violated willfully the interim order dated 22.04.2025 (Annexure C-1) which is direction to the parties to maintain status quo as it exists today till the next date of hearing. 3. Upon asking to the learned counsel for the petitioner as to what is the willful disobedience on the part of the respondents, he submits that the respondents have harvested the crops standing over the disputed land and have sold the same. 4. Learned counsel for the respondents submits that they have not dis obeyed the direction/order issued by the Court in writ petition WP(227) No. 655/2022 in its interim order dated 22.04.2025. 5. I have heard learned counsel for the parties. Perusal of the record of writ petition WP(227) No. 655/2022 shows that the order dated 03.01.2019 passed by the 4th Civil Judge, Class II, Raipur is challenged, which is in an execution proceedings. The judgment and decree filed as Annexure P/2 dated 3 09.07.2013 in Civil Suit No. 162A/2008 passed by 12th Civil Judge Class II, Raipur would show that the petitioner in the Contempt petition is plaintiff therein and the respondent No.1 to be the defendant No.1. The suit was filed for declaration of title and possession. Learned trial Court has passed the decree directing the respondents No.1 & 2 therein to grant 7/20 part of the land subject matter of the suit and its vacant possession. From the aforementioned facts of the case, it is apparent that the petitioner was not in possession of the suit property. The grievance of the petitioner is that the respondents have harvested the crop sown on the field and sold the same. 6. In the aforementioned facts of the case, as there is no allegation against the respondents by the petitioner that the respondents has created third party interest or had change the nature of the land subject matter of the Civil suit in any manner, I am of the view that the petitioner could not able to make out case that there is willful disobedience of interim order dated 22.04.2025, by the respondent. Accordingly, the contempt proceedings initiated against the respondent is dropped, notice is discharged, and the contempt petition is closed. Petitioner will be at liberty to file appropriate proceedings, if any grievance arise hereafter. Sd/- (Parth Prateem Sahu) Judge Ravi Mandavi