Roop Chand And Ors vs Bhejan And Ors ...
2023 Latest Caselaw 3973 Raj/2

[2023:RJ-JP:18639]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 1172/2017

                                        In

                 S.B. Civil Writ Petition No.10718/2014

Roop Chand S/o Sonpal, aged about 65 years, R/o Achera, Tehsil
Nadbai, Distt. Bharatpur Rajasthan
                                                                      ----Petitioner
                                     Versus
1.       Bhejan W/o Dauji,
2.       Surajbhan S/o Dauji,
3.       Meghraj S/o Dauji,
         All R/oAchera, Tehsil Nadbai, Distt. Bharatpur
4.       Mahesh Meena, Patwari, Gram Panchayat Achera Tehsil
         Nadbai Distt. Bharatpur
5.       Pramod Jain, Tehsildar, Tehsil Nadbai Distt. Bharatpur
                                                                    ----Contemnors


For Petitioner(s)          :     Mr. Deepak Sharma with
                                 Ms. Harshita Thakral
For Respondent(s)          :     Mr. Harsh Dadhich for

Mr. Sunil Kumar Singodiya

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

22/08/2023

This contempt petition has been filed alleging willful

disobedience of the interim order dated 07.05.2015 passed by this

Court whereby, operation of the order dated 20.05.2014 passed

by the Board of Revenue was stayed.

Learned counsel for the petitioner submits that despite

aforesaid interim order, the respondents have raised construction

on the subject property. He, therefore, prays that the respondents

[2023:RJ-JP:18639] (2 of 2) [CCP-1172/2017]

may be directed to purge the contempt and they may also be

punished suitably.

Per contra, learned counsel for the respondents submits that

no contempt has been committed.

Heard. Considered.

Vide interim order dated 07.05.2015, this Court has stayed

the operation of the order dated 20.05.2014 passed by the Board

of Revenue. A perusal of the order dated 20.05.2014 reveals that

while allowing the appeal preferred by the respondents-

contemnors, the judgment and decree dated 30.08.2011 passed

by the Court of Sub-Divisional Officer, Nadbai was maintained. A

perusal of the judgment and decree dated 30.08.2011 reveals that

the parties were held and declared Khatedar of 1/4th share of the

subject land. There has been no direction by any of the Court to

the parties to maintain status quo qua subject property.

In view thereof, even if the respondents have raised

construction despite interim order dated 07.05.2015 , they cannot

be held guilty under contempt.

Resultantly, this contempt petition is dismissed being devoid

of merit.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/15

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