%S5;al»S@nsh IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.' Contempt Cas^o. 31"\ /201 1 ADplicant / Petitioner y^ ^J'\.^ ^ '<^' .•••f^t, 3^> ^^ •^^ ^\\ 5^ vs. <y Respondent/ Contemnor Premlal Chandrakar, S/o Banshilal Chandrakar,. aged about 62 years, R/o Bajrang Chowk, Ward No. 5 Village & Post - Kurud, District - Dhamtari (C.G.) (Member of Vrihatta • Krishi Credit Co-operafive Society Limited, Kurud). Amrit Kumar Xalxo, S/o Joseph Xalxo, aged about 45 years, presently posted as Registrar, Co-operative Societies, R/o Office of Registrar Co- operative Societies, Vivekanand Complex, Vivekanand Nagar, Pensionbada Chowk, Raipur (C.G.). CONTEMPT PETITION UNDER ARTICLE 2J5 QF THE CONSTITUTION OF INDIAREAD WITH SECTION 12 OF THE CONTEMPLQECOURTS ACT-1971 FOR . INITIATING OF CONTEMPT PROCEEDINGS_AGAINST THE NONAPPLICANTS/CONTEMNORS FOR WILFUL DISOBEDIENCE OF THE ORDEROFTHISHON'BLE COURT XI-HC—7S *11*1CTI th*frai 3~£T -^WMO,, yflly,to, f^cjl'M^ ^^€0^..:(^^Cc.}^^/7^ 1 ^tioo ^ 311^1 V. l^-li'* •Twaii^r-a^qw cti fef4ii ^FHW ^ f^st ^'3ffiPT31!tw SB :ilon^ble Shri Wlanindra Nlohan Shrivastava, J. 09-09-2011 ! Shri S. G. Verma, counsel forth|e applicant. Heard on admission. I ^ Learned counsel for the applifsant submits that the applicant had filed writ petition before this Court aggrieved by inaction on the part of the respondent-Registrar, Co-operative Spciety on account of non-compliance of statutory duties specified under' Section 18-A of the Co-operative Societies Act, 1960. On statement m writ petition was disposed off with a jde by the learned State counsel, the (lirection to the respondent No.2-The Registrar, Co-operative Societies to cijinsider and decide the representation of the applicant and pass appropriat^ own merit and perspective within a (i, receipt of a copy of thisorder. It order in accordance with law, on its ieriod of four weeks from the date of ^ submitted that the Registrar, Co- operative Societies now vide his mer(io dated 12-08-2011 (Annexure C-9) has directed the Joint/Deputy/Assist^ scrutiny in respect of terms of relaxatif counsel submits that the spirit of the 18-A of the Co-operative Societies A command to his sub-ordinate offi( compliance of the order of the Court, directed the respondent authority to c| of the applicant. The issues with regl neither argued nor decided by the Co] ^t Registrar to take action, after due ()n given to various societies. Learned )rder required that the entire exercise should be undertaken by the Registr^r himself as provided under Section ;t, but the Registrar decided to issue ers to take decision in purported vhich is an act of willful disobedience. Order dated 18-07-2011 pass^d in Writ Petition(C) No.3830 of 2011 nsider and decide the representation rd to manner of taking decision was rt. After the order was passed by this ., }twfs f \ • . ' "^, 1 ^;?.?&.:-^ys' -'itorf''. ^•Sf^ssf^' ;/ XI-HC—78 *11*<CTI StiHl^l ~T=T •^i^ici'M, »Tily'i6, fsidi'yy,'!. -<Wt,:G:»,NO^-^i/^^ r~w^ 200 SII^T'q^T (• sn^r qii Ki-fi'* m73n^;g;TiN; Tumane ^raf?rah iin?if ii fe%t ^fSresR ^? 3Tf?ITT 3FF^T Court, the applicant was given a notic^ of hearing vide notice dated 02-08- 2011. Thereafter, the applicant submif:ted a representation on 12-08-2011. The Registrar, referringto the order pjassed bythis Court, directing him to decide the representation, has dir^cted all the JoinVDeputy/Assistant Registrar, Co-operative Societies to e^amine the terms of other relaxations and take action as per law and also inform him. The order records that the refiresentation is being disposed off in terms of the order of the Court. The applicant that this manner of dis accordance with the spirit of the ordi iubmission of learned counsel for the [sosal of representation is not in pr of the Court, cannot be accepted. The Registrar has considered represe^itation and decided to issue direction to subordinate authorities to takel Registrar's order is legal or not, is ar| this contempt petition. On the face of| the Registrar, it is difficult to hold thaf intention to flout the order of the Court, notice to the respondent-contemnor. take recourse to such remedy as m^i action and inform. Whether the issue, which cannot be gone into in |the order and proceedings drawn by what was done by him, was with an . Therefore, 1 am not inclined to issue The applicant would be at liberty to ly be available to him under the law against the memo dated 12-08-2(jl11(Annexure C-9) passed by the Registrar, Co-operative Societies. With the afpresaid observationithe^Betition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge