Sahara Matasya Udyog Sahkari Samiti v. R. S. Idpanche
2011-02-18
K.K.LAHOTI, SUSHMA SHRIVASTAVA
body2011
DigiLaw.ai
JUDGMENT : This application is filed for initiating contempt proceedings against respondent for non-compliance of order dated 17.9.2010 in W.A.No.435/10 alleging that the order has not been complied with by the respondent in letter and spirit. From the perusal of the order passed in W.A.435/10 dated 17.9.2010, we find that on agreement, this Court has passed an order which reads as under:- "As agreed to by learned counsel for the parties and in the facts and circumstances of the case, the instant writ appeal is disposed of with a direction that the appellant shall appear before the Chief Executive Officer, Janpad Panchayat Mokhed, Distt. Chhindwara namely respondent No.3 on 28.9.2010 at 10.30 A.M. The Chief Executive Officer shall on that day issue notice of hearing to all the necessary parties including Nav Mandal Matsya Udyog Sahkari Samiti. Thereafter, the Chief Executive Officer shall hear all the necessary parties including the appellant and shall pass a final order within a period of two weeks thereafter. Needless to state that Chief Executive Officer shall pass a reasoned order. If any person including the appellant is aggrieved by the order passed by the Chief Executive Officer, the aggrieved person would be at liberty to file an appeal in accordance with the provisions of Madhya Pradesh Panchayat (Appeal and Revision), Rules, 1995." From the perusal of the order Annexure C/6, it appear that the the Chief Executive Officer, Janpad Panchayat, Mohkhed considered the matter and found that as per the scheme of the State Government, in case of more than one application in respect of grant of fisheries Patta, the co-operative society registered earlier shall be given preference and on this ground, the Chief Executive Officer found that another society namely Navmandal Matsya Udyog Sahkari Samiti, Savri Bazar is entitled for Patta. In the impugned order, we do not find any disobe dience of the order of this Court passed in W.A.No.435/10. The Chief Executive Officer, Janpad Panchyat, Mohkhed has complied with the order. If the petitioner is aggrieved by the order may challenge it, as directed by the Division Bench of this Court, by filing appeal in accordance with law. No order as to costs. C.C. as per rules.