Mahila Swa Sahayata Samooh Barhi, Katni vs Ashok Singh Parihar and Another

R.S. Jha, J.—The petitioner has filed this petition alleging noncompliance and disobedience of the order passed by this Court in W.P. No. 19398/2012, dated 27-2-2013, whereby, on the request of the learned counsel for the petitioner, the petition was disposed of with a direction to the petitioner to file a fresh representation before the Collector, Katni, with an observation to the effect that the Collector, Katni shall make all endeavour to consider and decide the representation within 30 days from the receipt of fresh representation alongwith the order passed today. The learned counsel appearing for the petitioner submits that he had thereafter approached the authority by filing Annexure C-2, dated 8-3-2013 but no decision thereon has been taken by the respondent/authorities till today. Hence the respondents be punished for contempt of this Court.

Having heard the learned counsel for the petitioner and after perusing the record, it is observed that this Court had disposed of the aforesaid W.P. No. 19398/2012 on the very first date on the request of the learned counsel for the petitioner with a direction to the effect that the petitioner would file a fresh representation before the Collector, Katni, with an observation to the effect that the Collector, Katni shall make all endeavour to consider and decide the representation within 30 days from the receipt of fresh representation alongwith the order passed today.

From a perusal of the record, it is apparent that no fresh representation has been filed by the petitioner before the authority as has been directed by this court but he has only filed a covering letter informing the authority about the writ petition and the orders passed therein and the documents annexed with the same. That apart it is clear that there is no specific direction of this Court to decide the matter within 30 days but the only observation is to the effect that the Collector, Katni shall make all endeavour to consider and decide the representation within 30 days.

In the circumstances, as the petitioner has failed to file a fresh representation, as has been directed by this Court on his own request in the aforesaid writ petition, I find no reason to initiate proceedings for contempt of Court against the respondents. Therefore, the petition filed by the petitioner, being meritless is accordingly dismissed.

It goes without saying that in case the petitioner files a fresh representation before the respondent/authorities alongwith a copy of order passed today and a copy of the petition within a week of obtaining the same, the concerned authority shall consider the same in accordance with the orders in the writ petition. C.C. as per rules.