M/S Kamlesh Metacast Pvt. Ltd vs State Of Rajasthan
2021 Latest Caselaw 2480 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Contempt Petition No.609/2020
M/s Kamlesh Metacast Pvt. Ltd., Having Its Registered Office At
A-28, Basement Anita Colony, Bajaj Nagar, Jaipur-302015
Through Its Authorized Signatory, Shri Inder Kumar Son Of Shri
Parbhu Dayal Resident Of Village Kali Pahadi, Tehsil Nimrana,
District Alwar.
                                                                        ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Additional Chief Secretary,
       Mines        Department,           Government              Of      Rajasthan,
       Secretariat, Jaipur(Rajasthan)- 302001.
2.     Shri Subodh Agarwal, IAS, Additional Chief Secretary,
       Department Of Mines And Petroleum, Government Of
       Rajasthan, Secretariat, Jaipur-302001
3.     Mr. O. P. Kasara, IAS, The Joint Secretary Department Of
       Mines      And     Petroleum,          Government           Of     Rajasthan,
       Secretariat, Jaipur-302001.
4.     Shri K.B. Pandya, IAS, The Director, Department Of Mines
       And Geology, Khanij Bhawan, Shastri Circle, Udaipur-
       313001.
                                                                  ----Respondents

For Petitioner(s) : Mr. Kamlakar Sharma, Sr. Advocate with Ms. Alankrita Sharma For Respondent(s) : Mr. Jaivardhan Singh Shekhawat for Mr. R.P. Singh, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

Reserved on 21.05.2021

Pronounced on 25th June, 2021

1. The respondents although had not complied with the

Tribunal's order as well as this court's order and have flouted

(2 of 2) [CCP-609/2020]

the order, as noticed, but taking into consideration the order

passed in the contempt petition directing them to take a

decision within three days and accordingly the decision taken

by them, though found to be wrongful by this court now, it

cannot be said that non-compliance of the order is deliberate

and willful. The interpretation of an order passed by judicial

body may be wrongful or unjustified. However, it cannot be

said to be deliberate and willful attempt to flout the court's

order.

2. In view thereof, I do not find any reason to hold the

respondents of having committed deliberate and willful

contempt within the meaning of Section 2 (2) of the

Contempt of Courts Act, 1971 and notices are therefore

discharged.

3. The contempt petition is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

Karan Bhutani /

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