Jaikishan Tiwari vs. S. Prakash

CONT/796/2022HC ChhattisgarhGSTCNR CGHC01025708202210 July 2023Bench: HON'BLE SHRI JUSTICE NARESH KUMAR CHANDRAVANSHI1 pages
AI SummaryWithdrawn

Held

The Court noted the submission made by the learned counsel for the petitioner that the order passed by this Court on June 23, 2022, in WPS No. 4227/2022 had been complied with. The learned counsel for respondents No. 2 & 3 did not raise any objection to this submission. In light of the agreement between both parties that the order has been complied with, the Court found that nothing further survived in the contempt petition for prosecution. Accordingly, the contempt petition was disposed of.

Facts

The petitioner, Jaikishan Tiwari, a retired Assistant Grade III from the Commercial Tax Department, filed a contempt petition (CONT No. 796 of 2022) before the High Court of Chhattisgarh, Bilaspur. The petition alleged non-compliance with an order passed by the High Court on June 23, 2022, in WPS No. 4227/2022. The respondents were the Secretary of the Transport Department, the Secretary of the Commercial Tax Department, and the Commissioner of the Commercial Tax Department. The petitioner contended that the order of the High Court had been complied with.

Key Issues

1. Whether the order passed by this Court on 23.6.2022 in WPS No.4227/2022 has been complied with, thereby rendering the contempt petition infructuous? The petitioner argued that the order of the High Court dated June 23, 2022, had been complied with, and therefore, there was nothing further for the contempt petition to proceed on. The respondents, represented by counsel for respondents No. 2 & 3, did not object to the petitioner's submission regarding compliance.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 796 of 2022 Jaikishan Tiwari S/o Late Shri Ram Jag Tiwari Aged About 61 Years Assistant Grade III (Retired), Commercial Tax Department, GST Bhawan, Naya Raipur, Chhattisgharh. ---- Petitioner Versus

1.

S. Prakash Secretary, Transport Department, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

2.

Gaurav Dwivedi, Secretary, Commercial Tax Department, GST Bhawan Mahanadi Bhavan, Naya Raipur, District : Raipur, Chhattisgarh

3.

Bhim Singh Commissioner Commercial Tax Department, Behind Raj Bhawan, Civil Lines, Raipur, District : Raipur, Chhattisgarh (Purposed Comtemnors) ---- Respondents For Petitioner :- Mr. Shayon Kar, Advocate For Respondents No.2 & 3:- Ms. Hemlata Sao, Adv. on behalf of Mr. Pankaj Singh, Advocate Hon’ble Shri Justice N.K. Chandravanshi Order On Board 11.7.2023

1.

Heard.

2.

Learned counsel for the petitioner would submit that the order passed by this Court on 23.6.2022 in WPS No.4227/2022 has been complied with, hence, nothing remains in the petition to proceed further.

3.

Learned counsel for respondents No.2 & 3 has made no objection to the submission made by

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