^.....^...... IN THE HON'BLE HIGHCOURT OF CHHATTf^ARH ATBILASPUR C^^Ct^ Contempt Bgtiti&nNo. ^> ^ /2010 .PETITIONER I; "<r ^lio^^ ^^ ..-1" lt/'/-v'" ^€v ^Smt.Shashibai Pradhan S/o Shri Kailash Pradhan, Aged about 62 years, R/o Village Gaboud, Post Office Bar-Navapara, Tahsil Kasdol, P.S. Kasdol District RaipUr (C.G.) Respondents Contemnors VERSUS 1) 2) 3) 4) r- Sunil Kumar Mishra Divisional Forest Officer, Raipur District Raipur (C.G.) Present Posting Gonservator of Forest Raipur, District Raipur (C.G.) Shri R.P. Dubey Range Officer, ]Bar Navapara Abhyaranya Post Officer Bar Navapra, District Raipur (C.G.) Amol Singh Baghel Deputy Ranger, Circle Charoda, Bar Navapara Abhyaranya Forest Range Navapara, Post Office Bar Navapara, District Raipur (C.G.) Sarju Prasad Sagar Beat Guard Charoda Bar Navapara Abhyaranya Post Office Bhithidih District Raipur (C.G.) ChaturbhuJ Pradhan S/o Sitaram Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District Raipur (C.G.) _ ,^^?a^^, ^yy ^-^, f^Ayfeti^-i i^Ki'-¥^i •VM..ssy v%^' my.^" <^^ 6) Parmanand Pradhan S/o Goverdhan Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District Raipur (C.G.) 7) Purshottam Pradhan S/o Sitaram Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara,District Raipur (C.G.) 8) Sitaram Pradhan S/o Goverdhan Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District R^ipur (C.G.) 9) Krishna Chandra Pradhan S/o Goverdhan Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District Raipur (C.G.) 10) Bhuvneshwar Pradhan S/o Krishna Chandra Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District Raipur (C.G.) 11) Nilmani Pradhan S/o Sitaram Pradhan R/o Van Gram Gaboud, Post Office Bar Navapara, District Raipur (C.G.) 12) Nimaicharan Pradhan S/o Chaturbhuj Pradhan R/o Van Gram Gaboud, Post Office Bar Navap.ara, District Raipur (C.G.) 1.3) Damrudhar Pradhan S/o Parmanand Pradhan R/o Van Gram 'Gaboud, Post Office Bar Navapara, District Raipur (C.G.) ~1 (^ 14) Ganesh .Ram Kotwar R/o Van Gram Charoda Post Office Bhithidih, District Raipur (C.G.) PincodeNo.493551. CONTEMPT PETITION UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT.1971 HIGH COURT OF CHHATTISGARH : BILASPUR SinaleBench: Hon'ble Shri Manindra Mohan Shrivastava. J Contempt Case (ON0.85 of 201 O Petitioner Smt. Shashibai Pradhan Respondents Contemnors Versus Sunjl Kumar Mishra and others (Contempt Petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971) Present: - Shri S. K. Dadsena, counsel for the petitioner. Shri L. C. Dash, counsel for respondent No.5. ORALORDER (Passedon 08-03-2011) This petition has been filed by the petitioner alleging willful disobedience and violation of order dated 24-07-2009 passed by this Court in W.P.(C)No.5644 of2008. 2. Case of the petitioner is that a writ petition was.filed by the petitioner challenging order dated 22-09-2008 passed by the Chief Conservator of Forest, C.G., Raipur. In that case, an interim order was passed by this Court on 07-11- 2008 to the effect that status quo with regard.to possession of the petitioner's ^heduled land, as obtained on that day, shall be maintained till the next date of hearing. Thereafter, the interim order was continued on 24-07-2009. A notice was sent on 06-10-2009 to the respondents that, if any of them, interfered with the petitioner's possession, the petitioner shall take appropriate action. However, on 12-12-2009, respondents No.5 to 13 entered the land ofthe petitioner and cut ^ the crops. The petitioner submitted report in the Police Station concerned. It is further submitted that the respondent No.2 sent a letter to the petitioner and respondent No.5, not to undertake any activity in the land in dispute, in view of ^s^ ^12^ ^ilii^i^ -2,- the interim order of the High Court. Even thereafter, the respoh^sn^No.1 to 4, who are the Officers of the Forest Department, having full knowledge about the interim order, supported the action of the respondents No.5 to 13, and thereby, committed contempt of Court. 3. On the other hand, learned counsel for respondent No.5, to whom alone, the notice was issued in the contempt proceeding, hasstated in his reply that in various orders, which have been challenged before the writ petition, passed on 22-09-2008, 22-06-2007 and 19-04-2006, respondent No.5 has been held to be holder of lease, and that throughout, he has been in possession of the suit land as held by all the authorities. It isfurther stated that Panchnama dated 22-06- ^ 2008 (Annexure R-2), Map (Annexure R-4) and Certificate (Annexure R-6) clearly shows that he was in possession of the land in dispute on the date when the interim orderwas passed. 4. Considering the submission made by learned counsel for the parties and documents on record, particularly Annexure R-2, Annexure R-4 and Annexure R- 6, and further taking into consideration that there is no document placed by the petitioner to show that he was in cultivating possession of the land, 1 am not inclined to proceed further in the matter. Rule is discharged. 5. The petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Tumane