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Bhagchand Meena S/O Shreenarayan ... vs Ms. Chinmayee Gopal
2021 Latest Caselaw 7608 Raj/2

Citation : 2021 Latest Caselaw 7608 Raj/2
Judgement Date : 14 December, 2021

Rajasthan High Court
Bhagchand Meena S/O Shreenarayan ... vs Ms. Chinmayee Gopal on 14 December, 2021
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
      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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