Shish Pal Singh S/O Late Shri ... vs Shri Naresh Thakarwal District ...
2023 Latest Caselaw 4307 Raj/2

[2023:RJ-JP:19377]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 1993/2018

                                         In

                  S.B. Civil Writ Petition No.11166/2018

Shish Pal Singh S/o Late Shri Dhiraram, Aged About 62 Years,
R/o Khichado Ki Dhani Tan Kishanpura Tehsil Dantaramgarh
District Sikar (Raj)
                                                                         ----Petitioner
                                      Versus
1.       Shri Naresh Thakarwal District Collector, Sikar
2.       Shri     Manoj    Kumar         Meena        Sub          Divisional     Officer,
         Dantaramgarh District Sikar
3.       Shri Arvind Singh Kaviya Nayab Tehsildar (Receiver),
         Palwasa Tehsil Dantaramgarh District Sikar
4.       State Of Rajasthan Through District Collector, Sikar (Raj)
                                                 ----Respondents-Contemnors

For Petitioner(s)           :     Mr. Takhat Singh
For Respondent(s)           :     Mr. Aksay Sharma, AGC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

25/08/2023

This contempt petition has been filed alleging willful

disobedience of the interim order dated 22.05.2018 passed by this

Court whereby, SDO Dantaramgarh was directed to ensure that no

encroachment is made on the land of Khasra nos. 457, 458, 460,

461, 462, 463, 464, 465, 466, 467, 468, 489, & 9519 situated in

Village Khichado Ki Dhani, Tan Kishanpura, Tehsil Dantaramgarh,

District Sikar.

Learned counsel for the respondents has submitted a Fard

Mauka Report dated 19.08.2023 prepared by the Nayab Tehsildar,

[2023:RJ-JP:19377] (2 of 2) [CCP-1993/2018]

Palsana which reveals that except residential construction on 0.05

hectare of land, the entire land is lying vacant and there is no

encroachment. He submits that the aforesaid house was existing

even on 19.04.2010 when an order under Section 146 Cr.P.C. was

passed by the Sub-Divisional Magistrate, Dantaramgarh, District

Sikar and no encroachment has been made on the subject land

after passing of the interim order dated 22.05.2018. He,

therefore, prays for dismissal of the contempt petition.

Per contra, learned counsel for the petitioner submits that

since no residential house was existing prior to order dated

22.05.2018, the respondents may be directed to purge the

contempt and they may also be punished suitably.

Heard. Considered.

As per the order dated 19.04.2010, the residential house on

0.05 hectare of land was already existing before the order dated

22.05.2018 was passed.

In view of the Fard Mauka Report dated 19.08.2023

furnished by the Nayab Tehsildar Palsana, this Court is satisfied

that there has been substantial compliance of the interim order

dated 22.05.2018.

In view thereof, this contempt petition is dismissed.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha /46

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