:1^w HIGH COURT OF CHHATTISGARH. BILASPUR CONTEMPTCASE (Cl N0.349 of 2009 PETITIONER Municipal Corporation, Durg, through the Commissjoner, Municipal Cprporatlon, District Durg, Chhattisgarh ¥ersus RESPONDENTS 1 Smt. Gurmeet: Kaur Dhiiton, wife of late Santokh Singh, agedabout 61 years, R/o Titurdih, Durg, District Durg(CG) 2 Smt. Sukhraj Kaur, wife of Swarn Singh, 15, Indira Marg, Durg, District Durg, Chhattisgarh 3 Shri L.L. Dhruv, Assistant Commjssloner, Excise, CoStectorate, Durg, Chhattisgarh CONTEMPT PETSTSON UNDER ARTICLE 215 OF THE CONSTITUTIOiSI OF INDIA Appearance: Mr. Sanjay K. Agarwai and Mr. Saurabh Sharma, Counsel for the petitioner. ORAL ORDER (24.02.2010) SUNELKUMARSINHA.J. Heard on admission. Petitioner - Municipal Corporatioh, Durg has filed this petition for Initiation of proceedings of contempt against the respondents for the alleged default in compiiance of the order dated 06.02.2008 passed in W.P.(C) No.573/2008. This Court whlle hearing the aforesaid writ petition passed the foiiowing order on 06.02.2008: "Shri G.S. Agarwai, Sr. Advocate with Shri N.S. Dburandhar, counsej for the petitioner. CONTEMPT CASE (C) N0.349 of 2009 Shri Sumesh Bajaj, Govt. Advocate appears and accepts notice on behajf ofthe State. Ruie re-notice. Issue notice to the respondents, in accordance wlth rules. Having regard to the facts of the case, in the meantime, nothird party interest shail becreatedin the property in dispute, tll! the next date of hearing" Mr. Sanjay K. Agarwai, learned counsei appearing on behalf ofthe petitioner submits that the Municipa! Corporation, Durg, is the owner of the premises of the shop, for which, the aforesaid order was passed at theinstance of Gurmeet Kaur Dhilion, on whose name this shop was allotted. He submits that in the said premises, a liquor shop was there and after passing of the aforesaid order, the said liquor shop Is being aliowed to continue by Smt. Sukhraj Kaur, respondent No.2 herein, which is In violation of the order dated 06.02.2008 passed by this Court. 1 am unable to accept this contention of Mr. Agarwal. AdmittedSy, W.P. (C) No.573/2008 was flied by Gurmeet Kaur Dhillon, chailenging the canceliation of ailotment of Shop No.15 by the Municipal Corporation, Durg. Therefore, the subject matter of the writ petition was the premlses of the shop and not the business of saie of liquor in the shop. If some other person is permitted to run the Hquor shop after passing ofthe order dated 06.02.2008, it sha!! not amount to vlolation of the said order, because, the said order CONTEMPTCASE (C) N0.349 of 2009 shyna .Ci^i,^^ never related to the iiquor business, which was running in the shop, as it solely related to premisesof the shop. In view of the above, i am not indined to proceed further in the matter. The petition deserves to be and is hereby dismissed summarEEy. ^ Sunil Kumar Sinha Judge ^.-^: