Radha Kishan Nagar And Ors vs Shri N C Goyal And Ors ...
2023 Latest Caselaw 4390 Raj/2

[2023:RJ-JP:19723]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 344/2017

                                            In

                     S.B. Civil Writ Petition No.3547/2013

1.       Sh. Khalid Sherwani S/o Shri Sultan Hamid,
2.       Shri Prabhulal S/o Shri Basanti Lal Bheel,
3.       Shri Chunnilal S/o Bhima Mali,
4.       Shri Girdhari S/o Shri Harlal Bheel,
5.       Shri Gajendra Singh Hada S/o Shri Karan Singh,
6.       Shri Goverdhan Lal S/o Shri Gopi Lal Sharma,
         All are C/o Nr. Kidzee School, Subhash Colony, Jhalawar,
         Distt. Jhalawar Raj.
                                                                       ----Petitioners
                                        Versus
1.       Sh. Chunni Lal, The Principal Secretary Department Of
         Forests, Govt. Secretariat, Nr. Statue Circle, Jaipur
2.       Sh. Anil Kumar Goyal, The Principal Chief Conservator Of
         Forest, Van Bhawan, Forest Department, Rajasthan,
         Jaipur Raj.
3.       Sh. Chanda Ram Meena, The Deputy Conservator Of
         Forest, Van Mandal, Forest Department, Jhalawar Raj.
4.       State Of Rajasthan, Through The Principal Secretary,
         Department Of Forest, Govt. Secretariat, Nr. Statue
         Circle, Jaipur
                                                                     ----Respondents

Connected With S.B. Civil Contempt Petition No. 639/2017 In S.B. Civil Writ Petition No.20614/2013

1. Radha Kishan Nagar S/o Shri Bridhi Lal,

2. Diwarka Lal S/o Shri Ratan Lal,

3. Nand Kishore Gujar S/o Dev Lal,

4. Ikramuddin S/o Shri Aliyar Kha,

5. Ashok Kumar Jain S/o Shri Kistoor Chan Jain, All are C/o Radha Kishan Nagar S/o Shri Bridhi Lal Village

[2023:RJ-JP:19723] (2 of 3) [CCP-344/2017]

Delod Post Delod Tehsil Chabda Distt. Baran. Raj.

----Petitioners Versus

1. Sh. N. C. Goyal, The Principal Secretary, Department Of Forests, Govt. Secretariat, Nr. Statue Circle, Jaipur.

2. Sh. Anil Kumar Goyal, The Principal Chief Conservator Of Forest, Van Bhawan, Forest Department, Rajasthan Jaipur Raj.

3. Sh. Rajeev Kapoor, The Deputy Conservator Of Forest, Social Forestry, Forest Department, Baran Raj. State of Rajasthan through the Principal Secretary, Department of Forest, Govt. Secretariat, Nr. Statue Circle, Jaipur.

----Respondents S.B. Civil Contempt Petition No. 1590/2017 In S.B. Civil Writ Petition No.5637/2017 Brijmohan Ojha S/o Shri Gangaram Ojha, aged about 57 years, R/o Samrani, Tehsil Shahabad, District Baran, Rajasthan.

----Petitioner Versus

1. Sh. Nihaal Chand Goyal, The Secretary, Forest Department, Secretariat, Near Statue Circle Jaipur.

2. Sh. Anil Goyal, Principal Chief Conservator Of Forests, Aaryan Bhawan, Industrial Area Jhalana, Jaipur.

3. Sh. Rajeev Kapoor, The Deputy Conservator Of Forest, Social Forestry, Forest Department, Baran Raj.

4. State Of Rajasthan Through The Secretary, Forest Department, Secretariat, Near Statue Circle, Jaipur.

----Respondents

For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) : Mr. R.P. Singh, AAG with Mr. Jaivardhan Singh Shekhawat, Mr. Aditya Singh Mr. Zakir Hussain, AGC with Mr. Zaid Khan Mr. Ajay Pratap Singh, Dy.G.C.

[2023:RJ-JP:19723] (3 of 3) [CCP-344/2017]

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

29/08/2023

Learned counsels for the respondents submit that the order

dated 29.03.2016, contempt whereof is alleged, was passed

relying upon a co-ordinate Bench judgment dated 06.02.2012 in

case of Dev Krishna Daroga & Ors. Vs. State of Rajasthan & Ors.:

S.B. Civil Writ Petition No.3620/2008 which has been recalled by

this Court vide order dated 08.05.2023 in S.B. Writ Misc.

Application No.113/2016. They, therefore, pray for dismissal of the

contempt petitions.

Per contra, learned counsel for the petitioners submits that

they have preferred D.B. Special Appeal Writ No.503/2023 against

the order dated 08.05.2023 passed in S.B. Writ Misc. Application

No.113/2016. He prays that he may be allowed to withdraw these

contempt petitions with liberty to get the same revived if the need

so arises.

The prayer is not opposed by the learned Senior Counsel for

the respondents.

In view thereof, these contempt petitions are dismissed as

withdrawn with liberty as aforesaid.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/21-23

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