Goverdhan Uranw vs. Shri Mukesh Kumar
Facts
The petitioner, Goverdhan Uranw, filed a contempt petition alleging non-compliance with this Court's order dated January 9, 2024, passed in WPS No. 3494 of 2015. The petitioner claimed the order had not been complied with. The respondents, Secretary of the Commercial Tax Department and the Commissioner of Commercial Tax, entered an appearance. They submitted that the directions issued by the Court had been complied with through orders dated February 22, 2024, April 15, 2024, and May 3, 2024. The Court considered these submissions.
Held
The Court held that the respondents had complied with the order dated January 9, 2024, passed in WPS No. 3494 of 2015. This finding was based on the submissions made by the counsel for the respondents, who presented orders dated February 22, 2024, April 15, 2024, and May 3, 2024, as evidence of compliance. The Court accepted these submissions and concluded that the directions of the Court had been met. Consequently, the respondents were discharged from the contempt proceedings. The Court also explicitly reserved the right of the petitioner to challenge the subsequent orders passed by the respondents in appropriate proceedings, indicating that the merits of those subsequent orders were not decided in the contempt petition.
Key Issues
1. Whether the respondents have complied with the order of this Court dated January 9, 2024, passed in WPS No. 3494 of 2015, as alleged by the petitioner in the contempt proceedings. The petitioner argued that the order of this Court had not been complied with. The respondents contended that the directions issued by this Court had been duly complied with through subsequent orders dated February 22, 2024, April 15, 2024, and May 3, 2024. The respondents relied on these subsequent orders as evidence of compliance.
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2024:CGHC:47055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 581 of 2024 1 - Goverdhan Uranw S/o Shri Jageshwar Uranw Aged About 52 Years R/o Ward No. 02, Near Priti General Stores, Bemacha Road, Imlibhata, Mahasamund, Thana- Mahasamund, Teh. And District Mahasamund, Teh. And District Mahasamund Chhattisgarh, (There Is Typographical Mistake In The Name Of Applicant In The Writ Petition (S) No. 3494/2015)
---- Petitioner versus 1 - Shri Mukesh Kumar Secretary, Commercial Tax Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Shri Rajat Bansal Commissioner, Commercial Tax, Head Office Commercial Tax- Gst Department, North Block, Sector- 19, Raipur
---- Respondents For Petitioner : Mr. Abhishek Singh, Advocate For Respondents : Mr. Rakshit Tiwari, Advocate Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 29/11/2024
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The instant contempt petition has been filed by the petitioner herein, alleging non-compliance of this Court’s order dated 09.01.2024 passed in WPS No. 3494 of 2015. 2. Learned counsel for pe
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