Madhya Pradesh High Court
Rajkumar Chaturvedi vs Smt.Pallavi Jain on 17 July, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CONC No. 401 of 2022
(RAJKUMAR CHATURVEDI AND OTHERS Vs SMT.PALLAVI JAIN AND OTHERS)
Dated : 17-07-2023
Smt. Amrit Ruprah -Advocate for petitioners.
Shri Lokesh Jain - Advocate for respondent no.3
Considering the submissions made by parties and perusal of the record, prima facie it appears that the respondent/contemnor has flouted the order passed by the Court. The order passed by the writ court holding petitioner-
Institution entitled to get grant-in-aid in accordance with the rules applicable in the year 1993. The said order and positive directions issued by the writ court has been assailed by the respondent/State upto the Supreme Court. but has not been dislodged.
The contempt petition has been filed for seeking compliance of the said order but that was not done. Although in one of the writ petition i.e W.P No. 16768 of 2015 decided by the writ court on 30.09.2021, it was directed that representation i.e Annexure P-19 will be decided by the authority and final decision will be taken thereof within a period of 45 days, but still no decision has been taken by the respondent. It appears that the authorities deliberately flouting the order passed by the Court and not complying the same and filed reply asking that the petitioners were asked on so many occasions to submit document but that was no done and therefore, final decision has not been taken by the authorities. In my opinion asking the petitioners to submit document is immaterial. Although petitioners denied this aspect saying that they were never informed for filing the document. It appears that the respondents have violated the order and committed contempt of this Court and an officer, who has given Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 7/17/2023 6:13:57 PM 2 an affidavit i.e Shri Ranjeet Singh Dhurve, the then Assistant Commissioner, Tribal Development, Shahdol District Shahdol and present incumbent holding the post because counsel for the contemnor has informed that Shri Ranjeet Singh Dhurve has been transferred to somewhere else, but at the relevant point of time, he was occupying the said post and he has submitted an affidavit, who is contemnor in the petition be called before this Court to explain as to why order of punishment shall not be passed against him as they have committed contempt of this Court.
Counsel for the respondent is directed to keep them present before this Court on 27.07.2023 making it clear that no application for exemption of their personal appearance will be entertained on the next date of hearing.
(SANJAY DWIVEDI) JUDGE tarun Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 7/17/2023 6:13:57 PM