ss'^K-?^-^s^..s.^ss.:.^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Contempt CaseNo. 3 LS / 2010 PETtTIONER : ^%':'R^ ^M^. ?.^5? ^••-'—..... ^ ^^..^ ^"-'Ti^- RESPONDENT: CONTEMNOR Nutan Singh Rathore aged about 69 years, S/o Late Shri Gulab Singh Rathore , R/o Gandhi Chowk Main Road, Post Kondagaon, Tahsil Kondagaon, District Bastar (CG). VERSUS Shri Manohar Singh Paraste Collector District Bastar at Jagdatpur (CG). CONTEMPT PETITION UNDER ARTtCLE 215 OF THE CONSTITUTION OF INDIA READ WITilSECTIOMJQ OF THE CONTEMPT OF COURTS ACT The petitioner named above respectfulty begs to submit as under;- HIGH COURT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble Shri Manindra Mohan Shrivastava, J. Petitioner Respondent Contemnor Petitioner Respondent Contemnor Contempt Case (Civill No.314/2010 Mukund Ram Dewangan Versus Shri Manohar Singh Paraste Contempt Case (Civil) No.315/2010 Nutan Singh R^thore Versus Shri Manohar Singh Paraste c^ Petitioner Respondent Contemnor Petitioner Respondent Contemnor Petitioner Respondent Contemnor Contempt Case (Civill No.316/2010 Smt. Ambika Bai (Shiv Mandir) Versus Shri Manohar Singh Paraste Contempt Case (Civill No.317/2010 Punau Ram Dewangan Versus Shri Manohar Singh Paraste Contempt Case (Civill No.318/2010 Smt. Indra Rathore Versus Shri Manohar Singh Paraste Contempt Petition under Article 215 of the Constitution of Indiaj^ad ^vfth Section 10 of the Contempt of the Contemot of Courts Act Present:- Shri S. K. Thomas, counsel for the respective petitioner. Shri Sushil Dubey, counsel for respondent/contemnor. €/:'^ \ i-s-^St^ 11 'z. v'^?^>' ^:' ^ ORAL ORDER (Passed on 05-09-2011) The aforesaid petitions (i.e. Contempt Case (Civil)No.314, 315, 316, 317 & 318 of 2011) arebeing disposed off by a common order as all the contempt petition arises out of a common order dated 06-05-2010 passed by this Court in Writ Petition (C)No.2276 of 2010 and bunch ofcases. 2. Even though, order passed by this Courton 06-05-2010 directed respondentto look into the matter and dispose offthe same, as early as possible, preferably. within a period of 10 weeks from the date of filing of the representation(s), the reply filed by the respondent-contemnor shows that the matter is still pending consideration and has not been finally disposed off, though some progress has taken place, which involves co-ordination with the different departments. From the reply, it appears that till date, the claim of compensation has not been disposed offwithin the time stipulated by the Court. The documents, which have been placed on record by the respondent, would show that the respondent directed the Executive Engineer, P.W.D. (B&R), Kondagaon to prepare the proposal for payment of compensation. Vide memo dated 30-07-2010 (Annexure R-3), the Executive Engineer, P.W.D. Kondagaon informed the respondent regarding estimatedamount ofcompensation, Another letter has been written by the respondent-Collector on 30-12-2010 to the Executive Engineer, P.W.D., Kondagaon Division, Kondagaon and the Executive Engineer, National Highway Division, Jagdalpur, to expedite the matter, so that, order ofthe Court may be complied with. On 03-01-2011, the Executive Engineer has sent proposal to the office ofthe Collector. Vide memo dated 08-04-2011, the Collector informed the respective petitioner that the steps are being taken by the Executive Engineer, P.W.D., Kondagaon to get the amount deposited of Rs. 1,43,05,005.00 in P.D. accountofthe Collectorfor payment ofcompensation and as soon as the ^ ^ -?- amount of compensation is received from the concerned department, the amount of compensation would be paid. 3. From the above discussion, it is difficult for this Court to hold that the respondent has willfully disobeyed the order of the Court. It is reflected that for want of receipt of amount of compensation from the department of P.W.D., State of Chhattisgarh, payments could notbe made till date. 4. The orderpassed by this Court on 06-05-2010 not only required the Collector to finally dispose off the matter, but also, the other respondents including the State is equally obliged to ensure that in compliance of order of the Court, the claim of the petitioners is disposed off. The amount of compensation, therefore, should be made available by the department of P.W.D. to the P.D. account of the Collector at the earliest and the Collector is obliged to disburse the amount of compensation to the petitioners as per law. The respective petitioner shall communicate a copy of this order to the Secretary, Public Works Depari:ment, State of Chhattisgarh as also to the Collector, Jagdalpur, informing that delay has been caused in compliance of order passed by this Court. In case, compensation is not paid to the petitioners within a period of three months from today, the petitioners would be at liberty to revive the petition. 5. With the aforesaid observation, the aforesaid petitions (i.e. Contempt Case (Civil) No.314, 315, 316, 317 & 318 of 2011) are finally disposed off. No orders as to cost. Sd/- Manindra Mohan Shrivastava Judge Tumane