Rajasthan High Court - Jodhpur
Chimna Ram vs State And Ors on 10 March, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 403/2018
Chimna Ram S/o Shri Panna Ram, By Caste Kumhar, Resident Of
Village And Post Khariya Khangar Via Pipar Road, District
Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through Secretary, Department
Of Water Resources, Government Of Rajasthan,
Secretariat, Jaipur.
2. Smt. Manju Rajpal, Secretary, Department Of Finance
Gr.iii, Government Of Rajasthan, Secretariat, Jaipur.
3. Shri Vinod Choudhary, Chief Engineer, Indira Gandhi
Nahar Pariyojna, Lalgarh, Bikaner.
4. Shri Rajpal Singh, Superintending Engineer, Indira Gandhi
Nahar Pariyojna, Workshop Lalgarh, Bikaner.
----Respondents
For Petitioner(s) : Mr. Ram Prakash Prajapat
For Respondent(s) : Mr. Deepak Chandak, AGC
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
10/03/2022
The matter comes up for early hearing of the
contempt petition.
With the consent of learned counsel for the parties,
the contempt petition is finally heard today itself.
This contempt petition is filed by the petitioner
complaining that the respondent-contemnors have not
(2 of 4) [WCP-403/2018]
complied with the order dated 12.4.2014 passed by this
Court in SB Civil Writ Petition No.8008/2007.
The compliance/progress report is filed on behalf of
respondents, wherein they have come up with a case that
the order dated 12.4.2014 passed by this Court in the
above-referred writ petition has been fully complied with
as the representation filed by the petitioner in pursuance
to the directions given by this Court has been decided
vide order dated 6.11.2018.
This Court vide order dated 12.4.2014 has issued
directions to the respondent - Chief Engineer, Indira
Gandhi Nahar Pariyojana, Bikaner to decide the pending
representation/notice served on behalf of the petitioner in
accordance with the judgments passed by this Court in
the case of Mohan Singh Vs. State of Rajasthan -
SBCWP No.4146/1999 decided on 10.8.2005 and
Abdul Aziz Vs. State of Rajasthan - SBCWP
No.4000/1999 decided on 23.3.2009 within a period of
three months from the date of passing of the order dated
12.4.2014.
Learned counsel for the petitioner has submitted that
the respondents have not decided the petitioner's
representation in the light of the above-referred
judgments and have illegally rejected the same vide
(3 of 4) [WCP-403/2018]
order dated 6.11.2018. It is further submitted that since
the respondents have not decided the petitioner's
representation in the light of the judgments referred in
the order dated 12.4.2014, they have committed
contempt of the court.
Per contra, learned counsel for the respondents has
opposed the contempt petition.
Having heard learned counsel for the parties and
taking into consideration the fact that this Court has
directed the respondents to decide the petitioner's
representation after taking into consideration some
earlier judgments passed by this Court, however, the
respondents have decided the said representation of the
petitioner and rejected the same on merits.
Whether the order passed by the respondents
rejecting the petitioner's representation is in accordance
with law or not is a different question and the same
cannot be examined in this contempt petition.
This Court is of the view that once the respondents
have decided the petitioner's representation, sufficient
compliance has been done of the order passed by this
Court.
Hence, there is no force in this contempt petition
and the same is hereby dismissed.
(4 of 4) [WCP-403/2018]
However, the petitioner is at liberty to challenge the
order dated 6.11.2018 passed by the respondent No.3 in
appropriate proceedings.
(VIJAY BISHNOI),J
173-msrathore/-
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