Ramniwas Andors vs Shri Laxmi Kant Katara And Anr
2022 Latest Caselaw 672 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Contempt Petition No. 1194/2017

1.     Ramniwas S/o Sh. Kalyan Mali, R/o Village Kustala, Tehsil
       And District Sawai Madhopur, Rajasthan.
2.     Hansa S/o Sh. Kalyan Mali,                R/o Village Kustala, Tehsil
       And District Sawai Madhopur, Rajasthan.
3.     Babu S/o Sh. Kalyan Mali, R/o Village Kustala, Tehsil And
       District Sawai Madhopur, Rajasthan.
                                                                  ----Petitioners
                                   Versus
1.     Shri Laxmi Kant Katara, Sub-Divisional Officer, Sawai
       Madhopur, District Sawai Madhopur.
2.     The State Of Rajasthan Through Its Teshildar, Sawai
       Madhopur.
                                                                ----Respondents

For Petitioner(s) : Mr. Jai Kishan Yogi through VC For Respondent(s) : Mr. Akshay Sharma, AGC through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

25/01/2022 Petitioners have filed this contempt petition alleging inter alia

that their execution proceedings of judgment and decree dated

24.09.1999 are pending before the Sub-Divisional Officer, Sawai

Madhopur which are required to be decided finally as per

directions of order dated 19.10.2016 passed in SB Civil Writ

Petition No.11527/2016, however have not been decided so far.

Learned counsel for respondent have put in appearance and

submit that the judgment and decree dated 24.09.1999 was put

to challenge before Board of Revenue and interim stay order dated

15.02.2016 is operating, therefore, it is not possible to decide

(2 of 2) [CCP-1194/2017]

execution proceedings. A copy of stay order dated 15.02.2016

passed by Board of Revenue has also been placed on record.

However, counsel for respondents submits that as soon as

matter would decided from Board of Revenue and stay order

would be vacated, they would decide execution proceedings

expeditiously without taking time on their part. Respondents

submits that they have no intention to flout the order dated

19.10.2016 passed by this Court, however, prior to passing of

order dated 19.10.2016, the Board of Revenue had passed stay

order dated 15.02.2016, therefore, proceedings could not be

disposed of.

Therefore, this contempt petition is disposed of with

understanding that respondent-authority would complied with

order dated 19.10.2016, as soon as proceedings pending before

Board of Revenue would be disposed of and stay order dated

15.02.2016 stands vacated and petitioner would place a copy of

vacation of stay order and disposal of proceedings of Board of

Revenue before concerned Authority.

Thus, in view of above, the contempt petition stands

disposed of. Notices of contempt stand discharged.

(SUDESH BANSAL),J

NITIN/132

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