Rajasthan High Court
Girraj Prasad Son Of Shri Daya Ram vs Shri Kamal Ram Meena, ... on 8 August, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:17031]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 502/2017
In
S.B. Civil Writ Petition No.3859/2014
1. Girraj Prasad son of Shri Daya Ram, aged about 62 years,
resident of Shiv Colony, Belaka, near Nai-Basti, Vaishali
Nagar, Alwar.
2. Ram Swaroop son of Shri Badlu Ram, aged about 59
years, resident of Shiv Colony, Belaka, near Nai-Basti,
Vaishali Nagar, Alwar.
3. Shukh Lal son of Shri Mawasi Ram, aged about 66 years,
resident of Shiv Colony, Belaka, near Nai-Basti Vaishali
Nagar, Alwar.
4. Vishan Lal son of Shri Bhamboo Ram aged about 40
years, resident of Shiv Colony, Belaka, near Nai-Basti,
Vaishali Nagar, Alwar.
5. Mangi Lal son of Late Shri Bhamboo Ram, aged about 33
years, resident of Shiv Colony, Belaka, near Nai-Basti,
Vaishali Nagar, Alwar.
6. Smt. Tophali Devi W/o Late Shri Gordhan Lal, Aged About
88 Years, At Present R/o Village Dabla, Tehsil Rajgarh,
Distt. Alwar Raj. Through Legal Heirs.
6/1. Kishan Lal Verma Son Of Late Shri Gordhan Lal, Aged
About 75 Years, Legal Heir In Possession Of Property Of
Deceased Smt. Tophali Devi, Presently Resident Of Plot
No. 69 Ambedkar Nagar Jaipur.
6/2. Ram Kishan Verma Son Of Late Shri Gordhan Lal, Aged
About 70 Years, Legal Heir In Possession Of Property Of
Deceased Smt. Tophali Devi, Presently Resident Of Plot
No. 145 Mangal Vihar (Scheme No. 5) Alwar.
6/3. Ram Swaroop Verma Son Of Late Shri Gordhan Lal, Aged
About 67 Years, Legal Heir In Possession Of Property Of
Deceased Smt. Tophali Devi, Resident Of Village Dabla
Meo Tehsil Rajgarh, District Alwar.
7. Dr. Subash Chand son of Shri Bhojraj, legal heir-in
possession of Property of deceased Smt. Sampati Devi,
resident of 88, Lajpat Nagar, Alwar (Raj.)
8. Bhagwan Sahai S/o Shri Ramsukhalal, Legal Heir-In
Possession Of Property Of Deceased Ramsukhalal, R/o
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[2023:RJ-JP:17031] (2 of 5) [CCP-502/2017]
Village Dabla, Tehsil Rajgarh, Distt. Alwar Raj.
9. Ramjilal S/o Shri Ramsukhalal, Legal Heir-In Possession
Of Property Of Deceased Ramsukh Lal, R/o Village Dabla,
Tehsil Rajgarh, Distt. Alwar Raj.
10. Ashok Kumar S/o Shri Bhojraj, At Present R/o C/o 88
Lajpat Nagar, Alwar, Tehsil And District Alwar.
----Petitioners
Versus
Shri Kamal Ram Meena, RAS, Secretary, Urban Improvement
Trust, Alwar, Bhagat Singh Circle, Alwar.
----Respondent/Contemnor
For Petitioner(s) : Mr. J.K. Singhi, Sr. Adv. with
Mr. Tarun Kumar Verma
For Respondent(s) : Mr. Parag Rastogi
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
08/08/2023
This contempt petition has been filed alleging willful
disobedience of the interim order dated 02.05.2014 passed by this
Court, whereby the parties were directed to maintain status quo.
Referring to the contents of Para no.7 of the contempt
petition, learned Senior Counsel for the petitioners submits that
despite intimation of the aforesaid interim order, the respondents
have started changing status of the property by installing wire
fencing and iron gate on or around the subject property. He,
therefore, prays that the respondents may be directed to purge
the contempt and they may also be punished suitably.
Per contra, learned counsel for the respondents would,
referring to the contents of Paras no.8 & 10 of the reply, submit
that before the interim order dated 02.05.2014 was passed,
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possession of the subject property comprising of Khasra no.182
was handed over by the Land Acquisition Officer to the
representative of the Urban Improvement Development Trust,
Alwar. Thereafter, vide various NITs issued from the year 2005-
2006 to the year 2011-2012, work of construction of drains and
roads etc. in Vaishali Nagar Scheme including the subject land was
carried out and completed. He submits that the subject land has
already been auctioned on 07.02.2013 in favour of M/s National
Building Construction Corporation Ltd. who was issued the
allotment letter dated 14.02.2013 after confirmation of the sale by
the competent authority in its favour. He submits that after receipt
of the notice of the contempt petition, on enquiry by the
respondents, it is revealed that the auction purchaser M/s National
Building Construction Corporation Ltd. has issued a NIT dated
08.07.2016 for carrying out certain construction work on or
around the subject land and a work order dated 30.09.2016 was
issued in favour of M/s H. Prasad, the highest bidder, who has
carried out the work on the subject land. He submits that after
passing of the interim order dated 02.05.2014, the respondents
have not violated it. He, therefore, prays for dismissal of the
contempt petition.
In rejoinder, learned Senior Counsel for the petitioners
submits that possession of the subject land was never handed
over to M/s National Building Construction Corporation Ltd. despite
confirmation of auction in its favour and the construction work has
been carried out by the respondents. He submits that he may be
permitted to file an additional affidavit in this regard.
Heard. Considered.
[2023:RJ-JP:17031] (4 of 5) [CCP-502/2017]
This contempt petition has been filed alleging willful
disobedience of the interim order dated 02.05.2014 whereby, the
parties were directed to maintain status quo. From the pleadings
of the parties and other material available on record, it is revealed
that the subject land comprising of Khasra no.182 situated in
Village Belaka, Tehsil and District Alwar, was acquired by the
respondents under the Land Acquisition Act, 1894 and its
possession was delivered by the Land Acquisition Officer to the
representative of the respondent-UIT, Alwar. It is also revealed
that the construction of drains and roads in the Vaishali Nagar
Scheme including on and around subject land was completed by
the respondents by the years 2011-2012. It is not disputed that
the subject land was auctioned in February, 2013 in favour of M/s
National Building Construction Corporation Ltd. which has issued
the NIT dated 29.07.2016 for developing the subject land in
response to which, tender offered by M/s H. Prasad was accepted,
vide work order dated 30.09.2016, it was required to carry out
certain work on the subject land within a month and after
completion of the work, it has submitted bill(s) for payment.
Contention of the learned Senior Counsel for the petitioners
that despite confirmation of the auction in favour of M/s National
Building Construction Corporation Ltd., possession of the subject
land was not handed over to it, cannot be examined by this Court
in its contempt jurisdiction especially in view of the fact that in
their rejoinder to the reply, the petitioners have not disputed the
factum of acution of the subject land in favour of M/s National
Building Construction Corporation Ltd. or issuance of NIT dated
29.07.2016 by the auction purchaser, award of contract dated
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30.09.2016 in favour of M/s H. Prasad allowing it a month's time
for execution of the work at site and submission of bill(s) by it for
payment after completion of work. In view thereof, no additional
affidavit is required.
In the aforesaid circumstances, this Court is not satisfied
that the respondents have carried out any activity on the subject
land as alleged in the contempt petition and cannot be held guilty
of the willful disobedience of the interim order of this Court dated
02.05.2014.
Resultantly, this contempt petition is dismissed.
Notices are discharged.
(MAHENDAR KUMAR GOYAL),J
Sudha/04
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