HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 2007/2018
Smt. Sushila Devi W/o Shri Narain Sain
----Petitioner
Versus
Shri Pawan Kumar Goyal Additional Chief Secretary U.d.h.
Department
----Respondent
For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Mr. Amit Kuri Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order 30/01/2023 Heard.
We find that the stand taken by the respondent in respective affidavits clearly offends the spirit of the order dated 18.12.2017 passed by this Court, whereby, affirming the order passed by learned Single Judge, appeal was dismissed. This Court clearly held that the order of the learned Single Judge, affirmed by the Division Bench clearly held that the respondents are required to regularize land of the petitioner at the rate of 25% of the reserve price. This Court further clarified that the reserve price would be taken on the basis of filing of the suit.
Therefore, the reserve price has to be worked out on the basis of the date of filing of the suit and not any other date. The exercise undertaken by respondent-authority is completely misconceived and perilously borders contempt of the order of the (Downloaded on 02/02/2023 at 11:32:32 PM) (2 of 2) [CCP-2007/2018] Court. Before passing orders of appropriate punishment, we give one opportunity to the officer-respondent to work out 25% of the reserve price taking the date of filing of suit as the basis of reserve price. Let it be done forthwith and the order be issued within a period of three weeks from today, failing which the appropriate orders will have to be passed.
List this case in the last week of February, 2023. (GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),J ARTI SHARMA /61 (Downloaded on 02/02/2023 at 11:32:32 PM) Powered by TCPDF (www.tcpdf.org)