Vijay Kumar S/O Niranjan Lal Data vs Shri Naveen Yadav ...
2023 Latest Caselaw 4775 Raj/2

[2023:RJ-JP:22083]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 1384/2018

                                           In

                     S.B. Civil Writ Petition No.4745/2007

Vijay Kumar S/o Niranjan Lal Data,(Adopted son of Late Shri
Gangadeen Data) Aged About 63 Years, R/o Bhagwati Sadan,
Swami Dayanand Marg, Alwar (Rajasthan)
                                                                       ----Petitioner
                                        Versus
1.       Shri Naveen Yadav, Deputy Director-Admn., Integrated
         Child       Development         Service,       Directorate     Of      Women
         Empowerment (W.e.) 7, Jhalana Institutional Area, Jaipur
         (Rajasthan) And Also Deputy Director-Admn., Directorate
         Integrated       Child     Development            Services    (I.c.d.s),   2,
         Jalpath, Gandhi Nagar, Jaipur
2.       Shri Bhagwan Swaroop Sharma, Protocol Officer, Gad,
         Govt. Of Rajasthan, Secretariat, Jaipur
3.       Shri Inder Singh Solanki, Retd. RAS, 206, Pratap Nagar,
         Khatipura, Jaipur (Raj)
4.       Shri Suresh Kumar Harsoliya, Tehsildar (Land Acquisition)
         Tehsil Alwar Distt. Alwar (Rajasthan)
5.       Shri    Sohan       Singh,       Land      Acquisition      Officer,   Urban
         Improvement Trust, Post And Distt. Alwar (Rajasthan)
6.       State Of Rajasthan, Through Additional Chief Secretary,
         Urban Development And Housing Department, Govt. Of
         Rajasthan, Food Building, Secretariat, Jaipur (Rajasthan).
                                                ----Non-Petitioners/Contemnors


For Petitioner(s)             :     Mr. Amol Vyas
For Respondent(s)             :     Mr. Rajesh Maharshi, AAG

Mr. Aditya Kiran Mathur with Mr. Lucky Sharma, Mr. Kritin Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

12/09/2023

[2023:RJ-JP:22083] (2 of 3) [CCP-1384/2018]

This contempt petition has been filed alleging willful

disobedience of the order dated 10.07.2007 passed by this Court

whereby, the status quo with regard to land in question was

directed to be maintained.

Inviting attention of this Court towards the Jamabandi for

Samvat 2071-2074, village Diwakari, Tehsil Alwar, District Alwar,

learned counsel for the petitioner would submit that mutation of

the subject land has been carried out under Order of the Tehsildar

dated 22.04.2015 and 15.04.2015 in violation of the aforesaid

order of status quo. He, therefore, prays that the respondents

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

punished suitably.

Per contra, learned counsels for the respondents would

submit that since, the earlier Contempt Petition No.1123/2017

alleging willful disobedience of the self same interim order dated

10.07.2007, has already been dismissed, the instant contempt

petition is not maintainable. They, therefore, pray for dismissal of

the contempt petition.

Heard. Considered.

Indisputably, the earlier Contempt Petition No.1123/2017

filed by the petitioner alleging willful disobedience of the order

dated 10.07.2007 has been dismissed by this Court vide order

dated 28.11.2017 on the premise that the Tehsildar was neither a

party to the litigation nor, a copy of the order dated 10.07.2007

was served upon him. Contention of the learned counsel for the

petitioner that since, subsequently, the Tehsildar was also served

with a legal notice dated 17.12.2017, he is also guilty of

contempt, is wholly misconceived and does not merit acceptance.

[2023:RJ-JP:22083] (3 of 3) [CCP-1384/2018]

Admittedly, after service of the notice dated 17.12.2017, the

Tehsildar has not acted in any manner which can be said to be in

contempt of direction of this Court dated 10.07.2007.

In view thereof, this contempt petition is dismissed.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/302

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