Smt. Sushila Devi W/O Shri Narain ... vs Shri Pawan Kumar Goyal Additional ...
2023 Latest Caselaw 987 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           D.B. Civil Contempt Petition No. 2007/2018

Smt. Sushila Devi W/o Shri Narain Sain
                                                                   ----Petitioner
                                    Versus
Shri Pawan Kumar Goyal Additional Chief Secretary U.d.h.
Department
                                                                 ----Respondent

For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Mr. Amit Kuri Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

30/01/2023

Heard.

We find that the stand taken by the respondent in respective

affidavits clearly offends the spirit of the order dated 18.12.2017

passed by this Court, whereby, affirming the order passed by

learned Single Judge, appeal was dismissed. This Court clearly

held that the order of the learned Single Judge, affirmed by the

Division Bench clearly held that the respondents are required to

regularize land of the petitioner at the rate of 25% of the reserve

price. This Court further clarified that the reserve price would be

taken on the basis of filing of the suit.

Therefore, the reserve price has to be worked out on the

basis of the date of filing of the suit and not any other date. The

exercise undertaken by respondent-authority is completely

misconceived and perilously borders contempt of the order of the

(2 of 2) [CCP-2007/2018]

Court. Before passing orders of appropriate punishment, we give

one opportunity to the officer-respondent to work out 25% of the

reserve price taking the date of filing of suit as the basis of

reserve price. Let it be done forthwith and the order be issued

within a period of three weeks from today, failing which the

appropriate orders will have to be passed.

List this case in the last week of February, 2023.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),J

ARTI SHARMA /61

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