G.C. Vyas S/O Shri Dinesh Chandra vs Mr. Jagat Rajeshwar, Deputy ...
2022 Latest Caselaw 4501 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Contempt Petition No. 220/2022

G.C. Vyas S/o Shri Dinesh Chandra, Aged About 78 Years, R/o C-
302, Classic Residency Welfare Society, Nemi Nagar Extension,
Vaishali Nagar, Jaipur.
                                                                  ----Petitioner
                                   Versus
Mr. Jagat Rajeshwar, Deputy Commissioner, Zone -7 Jaipur
Development Authority Indira Circle, Jawaharlal Nehru Marg,
Jaipur 302004
                                                                ----Respondent

For Petitioner(s) : Mr. G.C. Vyas, petitioner is present in person For Respondent(s) : Mr. Virendra Lodha, Sr. Advocate with Mr. Jai Lodha, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

05/07/2022

This contempt petition has been filed by the petitioner

alleging non compliance of the order dated 16.11.2021 passed by

the Coordinate Bench of this Court in S.B. Civil Writ Petition No.

8654/201.

The petitioner, who is present in person, submits that

the writ petition filed by him was disposed of vide order dated

16.11.2021 with liberty to file an application to the competent

authority with regard to his grievances within a period of seven

days and the competent authority was directed to decide the same

in accordance with law within a period of thirty days thereafter.

He further submits that in view of the judgment dated 18.9.2020

passed by the Division Bench of this Court in, Classic Residency

(2 of 3) [CCP-220/2022]

(where the petitioner resides), was required to be re-registered

with Registrar, Societies, Jaipur in accordance with the provisions

of the Rajasthan Apartment Ownership Act, 2015 (as amended by

Act No. 12 of 2019) (for short, 'the Act of 2015'), Rules framed

thereunder and Model Bye laws, but the same has not been done.

On the other hand, learned Sr. Counsel appearing for

the respondent submits that pursuant to the order dated

16.11.2021 passed by the Coordinate Bench of this Court in S.B.

Civil Writ Petition No. 8654/2021, the petitioner submitted an

application to the Dy. Commissioner, Zone-7, JDA, Jaipur.

Thereafter a meeting was convened by Dy. Commissioner, Zone-7,

JDA, Jaipur on 21.3.2022, wherein the petitioner himself was

present alongwith office bearers of Classic Residency. A proposal

was taken, which was agreed to by the petitioner alongwith the

persons present there. The petitioner being satisfied with the

proposal, his signatures were taken on the note sheet dated

21.3.2022. Accordingly, the matter was disposed of and the

information in that regard was conveyed to the petitioner vide

letter dated 21.3.2022. Thus, the order dated 16.11.2021 having

already been complied with, no contempt, as alleged is made out.

Heard. Considered.

From a perusal of the material on record, it is noticed

that the writ petition filed by the petitioner was disposed of vide

order dated 16.11.2021 with liberty to file an application to the

competent authority with regard to his grievances within a period

of seven days and the competent authority was directed to decide

the same in accordance with law within a period of thirty days

thereafter. In view of the fact that the petitioner was satisfied with

the proposal so taken; his application was decided on 21.3.2022

(3 of 3) [CCP-220/2022]

and information in this regard was conveyed to him on the same

date, no contempt, as alleged is made out.

The contempt petition is accordingly dismissed and the

contempt notices stand discharged.

(PRAKASH GUPTA),J

DK/36

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