-^ ^ Q IN THE HIGH COURT OF JUDICATURE AT BILASPUR rCHHATTISGARHI ^^Mr> 5^' CONTEMPT N0. /2006 PETITIONERS ^ ^^ s^ ^ \ |«^w ^-^®"^ ?S-^^f^ 1. <-" Hori Ram Dewangan, S/o. Late Shri Ssimrath Dewangan aged about 56 years, Accounts Officer, Head Office of Chhattisgarh, State Marketing Federation, Raipur (C.G.). Awadhesh Kumar Singh, S/o. Late Shri R.D.Singh, aged about 56 years, District Marketing Officer; Chhattisgarh State Marketing Federation, District Branch, Raipur (C.G.). Narendra Kumar Sharma, S/o. Shri Janak Lal Sharma aged about 52 years, Manager, 'Kisan Rice Mill' Palari, Distt. Raipur (C.G.). Suresh Rao Kadam, S/o. Laxman Rao Kadam, aged about 51 years, District Marketing Officer, Janjgir, Distt. Janjgir-Champa (C.G.). Daulat Ram Choudhary, S/o. Shri Tikamlal Choudhary, aged about 56 years, Sr. Asstt. P.F. Branch Head Office of e:--:...rz:zT- 6. ^" ^ ^% ^? ^:^'^?; few/t^ / 8. (T' .^v C.G. State Marketing Federation, Raipur (C.G.). Mahendra Singh Thakur, S/o. Shri Raghunandan Singh Thakur, aged 56 years, Manager, Kishan Rice Mill, Durg(C.G.). Manishankar Pandey, S/o. Shri Basant Lalji Pandey, aged about 60 years, District Marketing Officer, Raigarh (C.G.). Ganesh Prasad Soni, S/o. Late Shri Chhedu Lal Soni, aged about 63 years, R/o. Mahoba Bazar, Hirapur Road, Sarvoday colony, Telibandha, Raipur (C.G.). Shri J.L.Sahu, S/o. Shri Gautam Lal Sahu, aged about 55 years, District Marketing Officer, Kawardha (C.G.). 10, Shri M.P.Gautam, S/o. Ramdulare Gautam, aged about 58 years, Manager, Kisan Rice Mill, Baramkela, District-Raigarh (C.G.). 1>; Shri B.R.Singhsanve, S/o. Late Shri Vishram Singhsarvey, aged about 58 years, Assistant Accounts ^ Officer, District Marketing Officer, Raipur (C.G.) VERSUS RESPONDENTS. 1. 2. Kamla Devi Netyam, Secretary, Chhatisgarh State Co- operative Marketing Federation Ltd., 880, Civil Lines Head Quarter, Raipur (C.G.). Subodh Kumar Singh, Managing Director, Chhattisgarh State Co- operative Marketing Federation Ltd., Raipur (C.G.). f^ ^K^^h Ot^ (^^O"^ ^ ^ 3. S^cretary (Oopperative) Chhattisgarh Sfate, D.K.S\phawan, M^ntralaya, ^aipur fq.G.). Federatiori\Ltd., 88(X^ivil Lines, Raipur (C.G.) CONTEMFT PETITION UNDER ARTICE 215 OF THE CONSTITUTION OF INDIA The above nained petitioner most humbly & respectfully begs to submit as under: - ^ :-22 ^T^T^T f<-<i<=h STR^T 5h<Hi<^ ^f^a ^oc[ ^TqT^R, ^-dl^^<o. I°l^l^ll< su^r XR-^ ~. 6^<^<^)& '^/^ '^ 200 WR^TT^RTc^ 'f^^ST" 'STT^T "^TT^R TritcT SB : Hon'bie Shri Manindra Mohadi Shrivastava. J Q7.Q4»2Q11 Shri Rajeev Shrivastava and ct)|<M?<n^t1 *4l^<y?l*'?f^2t <f^^l< ^ ^Tf^m 3TT^r IShri Sameer Shrivastava, counsel for the petitioners. j Shri Shaiiendra S'hukia, couns^l for respondents 1 and 2. This contempt petition has be^n fiied alieging willfui dlsobedience of order dated 4/1/05 passed inW.P.No.3186/'p4. Shorn of unnecessary detaiis: The petitioner had eariier fiiec| a writ petition before ihis Court registered as v'V.P.No.2710/03 wherein an orcjer was passed on 13/2/04 directing the respondent to decide the represent^tion within a period of 60 days from the receipi ofthe order. Simiiar order wa^ on 13/2/04. in purported complianc^ taken up by the Federation and arf petition also came to be finaily disp< passed in another writ petition No.2773/03 of the order of the Gourt, the matter was interim order was passed. Thereafter, another writ petition came to be fil^d bearing No. VV.P.No.3186/04. That Vi/rit »ed off vide order dated 4/1/05 (Annexure C/3). in that order, the Cdurt directe^ the petitioners fo fiie representation aiong with copy o? the petition and annexur^s before the concerned aufhorities within a period of 15 days from the date of th^ such representation being fiied, the ^ matter finaily within a period of 3 representation, by taking final decil Annexure P/1 (in that writ petition)i order aiong with copy of the order and on ^uthorities were directed to dispose off the ^onths from the date of receipt of such ^ion in the matter under reference vide Thereafter, on behalf of the petitioner, another representation was made to tihe Managing Director and Secretary o? the Federation, vide Annexure C/5. | Learned counsei for the pefitioner submitted that the direction ofthe Court issued on 4/1/05 obliged the responaents as functionaries of the Federation to take decision in the matter, as the Gourt directed the concerned authorities to [~(:n~^ tft^ I.HC-22 ^STT^T'^T f^-iJcb 3TI^I 5h^lct) ^lf^ l.iniii1'' Deeptl '^"acr ~^NId4, 'i^ftOT^'. fG<^^^ STI^T XR^ (^J^ doi-0^-4^ -^' ^ iTWcTT^Rl^ •^<r decide the matter. He submits that irt^stead of respondents taking decision in fhe matter, they forwarded the matter to t|ie State Government wffictfwas notproper and therefore, they are guiity of wiilfi|i Court. i disobedience of the order passed by the On the other hand, iearned cc|unsei for respondents submltted that order dated 4/1/05, on its bare reading wo matter can be finaiiy disposed off witi take final decision within a short perio|d, so that the matter may be ended forever. He submits that the direction of this the iight of the said observations a reading the order, the responder Government and there was no intei writ petition was fiied before this Cour take decision, in view of the directionl Government. Taking into consideration the the parties and that in order dated 4^ can be finaily disposed~off with a thereafter, a direction was issued concerned authority, the action of the| State Government, cannot be said cbl^fd4lr1 'RTR^ff'? 1^cst <r^^i< •^S^R^T^T id show that ihe Court expressed that the a djr^?tion that fhe State Government wili ;ourt therefore, has to be compiied with in id therefore, forming bonafide opinion by [s forwarded the matter to the State ition to fsout or disregard the orders and proceedings ofthe Court. Learned counsei for the partiejs jointiy submit that subsequently, another in which, again some time was granted to which has now been issued by the State ^ubmissions made by iearned counsei for r11/05, this Court expressed that the matter Idirection to the State Government and <j)r decision of the representaiion for the respondents to forward the matter to the :o be contemipiuous. It appears that the respondents have formed bonafide o^inion from the reading of the order of the Court that it is the State Government which has to take decision, i am not indined .to proceed further in the matter. Ruie is therefore discharged. The petition is finaiiy disposed off. Sd/- Manindra Mohan Shrivastava Judge