IN THE fflGH COURT OF CHHATTISGARH AT BILASPUR Coitd Benck Contempt CasTNo. 3 / T / 2010 PETITIONER : ^s^l1' ft.R. Sit'...••••••—""f)';^"',' F're.saaBW sv —-^\'z-}< RESPONDENT: CONTEMNOR Punau Ram Dewangan, aged about 58 years, S/o Late Shri Roopdhar Dewangan , R/o Rojgaripara Main Road, Post Kondagaon, Tahsil Kondagaon, District Bastar (CG). VERSUS Shri Manohar Singh Paraste CollK^or District Bastar at Jagdalpur (CG). CONTEMPT PETITION UNDERARTICLE 215 OFTHE CONSTITUTION OF INDIA READ WITH SECTION 10 OF THE CONTEMPT OFCOURTS ACT HIGH COURT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble Shri Manindra NlohanShrivastava,J. Petitioner Resp&ndent Contemnor Petitioner Respondeat Contemnor Contempt Case (Civil) No.314/2010 MukundRam Dewangan Versus Shri Manohar Singh Paraste Contempt Case (CivillNo.315/2010 Nutan Singh Rathore Versus Shri ManoharSingh Paraste Petitioner Respondent Contemnor Petitioner Respondent Contemnor Petitioner Respondent Contemn'or 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 India read with Section 10 of the Contempt of the Contempf of Courts Act Present:- Shri S.K. Thomas, counsel forthe respective petitioner. Shri Sushil Dubey,counsel for respondenVcontemnor. "2. ORALORDER (Passed on 05-09-2011) The aforesaid petitions (i.e. Contempt Case (Civil)No.314, 315,316, 317 & 318 of 2011) are beingdisposed 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.2276of2010 and bunch ofcases. 2. Even though, order passed by this Court on 06-05-2010 directed respondent to look into the matter and. dispose off the same, as eariy as possible, preferably within a period oflO weeks from the date of filing of the representation(s), the reply filed bythe 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, theclaim of compensation has not been disposed off within 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 infonned the respondent regarding estimated amount of compensation. 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 Execut'ive 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 Cottector. Vidememo 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 getthe amount depositedof Rs.1,43,05,005.00 in P.D. account of the Collector for payment of compensation 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 not be made till date. 4. The order passed by this Court on 06-05-2010 not only required the Collector to finally dispose off the matter, butalso, the other respondents including the State is equally obliged to ensure that in compliance of order ofthe Court, the claim of the petitioners is disposed off. The amount of compensation, therefore, should be made availabte 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 perlaw. The respective petitioner shall communicate a copy of this order to the Secretary, Public Works Department, State of Chhattisgarh as also tothe 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)- ManindraM.Shrivastava Judge Tuniane