Citation : 2021 Latest Caselaw 7608 Raj/2
Judgement Date : 14 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 779/2021
In
D.B. Civil Writ Petition No. 1355/2021
1. Bhagchand Meena S/o Shreenarayan Meena, Aged About
43 Years, Resident Of Village Lasadiya, Lasadiya, Tonk
(Raj.)
2. Lalaram Meena S/o Vijayram Meena, Aged About 41
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
3. Kamlesh Meena S/o Harphul Meena, Aged About 42
Years, Resident Of Meena Ca Tapara, Lasadiya Pachala,
Tonk (Raj.)
4. Premraj Meena S/o Hansraj Meena, Aged About 42 Years,
Resident Of Lasadiya Pachala, Tonk (Raj.)
5. Pappu Lal Meena S/o Savalram Meena, Aged About 43
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
6. Hariram Meena S/o Kishan Lal, Aged About 65 Years,
Resident Of Village Lasadiya, Lasadiya, Tonk (Raj.)
7. Jayram S/o Lattu Lal, Aged About 59 Years, Resident Of
Village Lasadiya, Tonk Pachala (Raj.)
8. Sanju Lal Meena S/o Jamuna Lal Meena, Aged About 37
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
9. Mojiram Meena S/o Bishan Lal, Aged About 60 Years,
Resident Of Village Lasadiya, Tonk (Raj.)
10. Gagaram Meena S/o Vijayram Meena, Aged About 61
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
11. Jagdish Meena S/o Ramphul Meena, Aged About 49 Years,
Resident Of Meena Ka Tapra, Lasadiya Pachala, Tonk
(Raj.)
12. Meetha Lal Meena S/o Lattur Meena, Aged About 48
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
13. Manraj Meena S/o Hansraj Meena, Aged About 22 Years,
(Downloaded on 21/12/2021 at 09:14:24 PM)
(2 of 3) [CCP-779/2021]
Resident Of Village Lasadiya, Lasadiya Pachala, Tonk
(Raj.)
14. Ramdhan Meena S/o Vijayram Meena, Aged About 47
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
15. Ramswaroop Meena S/o Manphul Meena, Aged About 59
Years, Resident Of Village Lasadiya, Lasadiya Pachala,
Tonk (Raj.)
----Petitioners
Versus
1. Ms. Chinmayee Gopal, District Collector, Tonk (Raj.)
2. Shri Ravi Meena, Nayab Tehsildar, Tehsil-Uniyara, Tonk,
Rajasthan.
3. Smt. Rajni Meena, SDM, Tehsil Uniyara, Tonk, Rajasthan.
4. State Of Rajasthan, Through Secretary, Rural And
Punchayati Raj Department, Secretariat, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Manish Kumar Sharma, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
14/12/2021
This contempt petition has been filed alleging willful
disobedience of order dated 04.02.2021 passed in D.B. Civil Writ
Petition (PIL) No. 1355/2021.
By the aforesaid order, this Court has directed the petitioners
to approach District Collector, Tonk with a detailed representation
and the District Collector, Tonk was directed to examine the same.
As per petitioners' own showing, the District Collector has
communicated vide order dated 20.08.2021 to the petitioners that
(3 of 3) [CCP-779/2021]
the encroachment has been removed and the land is free from
encroachment.
This factual position, however, has been disputed by the
petitioners by stating that encroachment has not been completely
removed.
The issue raised now is factual one, which cannot be
adjudicated by this Court and requires recording of evidence.
With liberty to the petitioners to approach appropriate forum,
this contempt petition is closed.
Rule is discharged.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita/41
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