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2024 DIGILAW 18 (JHR)

Rajendra Nath Tiwari S/o Late Bhuneshwar Tiwari v. State of Jharkhand

2024-01-04

ANUBHA RAWAT CHOUDHARY, SHREE CHANDRASHEKHAR

body2024
ORDER : 1. Alleging willful violation of the order dated 6th November 2012 passed in W.P. (PIL) No. 275 of 2012, the present contempt case has been instituted by the petitioner, namely, Rajendra Nath Tiwari. 2. In W.P. (PIL) No. 275 of 2012, this Court issued the following direction: “The grievance of the petitioner is that the Electricity Department of the State of Jharkhand has not taken care for the safety in the Nagaruntari area and is not preventing the electricity theft and the petitioner has placed on record the photographs also. The matter is required to be looked into by the Chairman of the Electricity Board and it is their duty to take steps, therefore, we are disposing of this writ petition with the direction to the Chairman of the State Electricity Board to look into the issue and take appropriate steps. The petitioner may submit a fresh representation also along with the photographs raising his all grievances.” 3. According to Mr. Amit Kumar Tiwari, the learned counsel for the petitioner the respondent-authorities gave repeated undertakings in the proceedings of Contempt Case (Civil) Nos. 490 of 2013, 532 of 2015 and 538 of 2016 but they failed to honour the undertakings given before this Court. 4. Opposing maintainability of the present contempt case, Mr. Gaurav Raj, the learned AC to AAG refers to section 19 of the Contempt of Courts Act, 1971 to submit that the present contempt case is not maintainable and liable to be dismissed. 5. Moreover, as it would appear from the order dated 6th November 2012 it was a simple direction issued by the Court for looking into the representation of the petitioner which has now been sought to be enforced under the threat of contempt. 6. We therefore find no merits in this contempt case and, accordingly, Contempt Case (Civil) No. 193 of 2020 is dismissed.