[Cites 0, Cited by 0]
Rajasthan High Court - Jodhpur
Lrs Of Prakash Singh vs Manjit Singh (Ias) (2026:Rj-Jd:13085) on 18 March, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:13085]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 996/2017
LRs of Late Shri Prakash Singh :
1. Marudhar Kanwar W/o Late Shri Prakash, Aged About 73
Years, Village Jasol, Tehsil Pachpadra, District Barmer
Rajasthan
2. Praveen Singh S/o Late Prakash Singh, Aged About 46
Years, Village Jasol, Tehsil Pachpadra, District Barmer
Rajasthan
----Petitioners
Versus
1. Shri Manjit Singh (IAS), Secretary Department of Local
Self Government, Rajasthan, Jaipur.
2. Shri Ashok Jain, Secretary, Urban Development And
Housing Development, Government Of Rajasthan
Secretariat, Jaipur, Rajasthan.
3. Nakate Shivprasad Madan, District Collector Barmer.
4. Shivpal Singh, Commissioner, Municipal Board, Balotra,
District Barmer.
5. State Of Rajasthan, Through The Secretary Department
Of Local Self Government Of Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mrigraj Singh
For Respondent(s) : Mr. Ayush Gehlot and
Mr. Monal Chugh for
Mr. Rajesh Panwar, AAG
Mr. Amit Kumar Purohit for
Mr. M.S. Purohit
Mr. Pawan Arora, IAS, Former DLB &
Joint Secretary, Dept. of Local Self
Government, present in person
HON'BLE MS. JUSTICE REKHA BORANA
Order
18/03/2026
1. The present contempt petition has been filed alleging
disobedience of order dated 20.05.2014 passed in S.B. Civil Writ
Petition No. 3317/2014.
(Uploaded on 21/03/2026 at 02:31:50 PM)
[2026:RJ-JD:13085] (2 of 4) [WCP-996/2017]
2. Vide order dated 20.05.2014, status quo with regard to the
land in question was directed to be maintained.
3. It has been averred in the contempt petition that despite the
interim order being in operation, lease deed in favour of one Gyan
Vihar Educational Society which stood cancelled vide order dated
22.06.2009, has been revived vide order dated 05.04.2017.
Meaning thereby, despite an order directing to maintain status quo
being in operation, the lease deed has been revived.
4. Vide order dated 05.02.2026, the Court opined that order
dated 05.04.2017 was in clear disobedience of order dated
20.05.2014. The Court therefore directed the State Authorities to
withdraw order dated 05.04.2017 with immediate effect.
The then Director and Joint Secretary of the Department of Local
Self Government was also directed to remain present before the
Court.
5. Today, Mr. Pawan Arora, the then Director and Joint
Secretary, is present in person before the Court.
6. A reply to the contempt petition has been filed today. An
additional affidavit of the officer has also been filed. Further, an
application for modification/recalling of order dated 05.02.2026
has also been filed.
7. It has been submitted on behalf of the respondents that
lease deed dated 05.03.2009 was issued in favour of Gyan Vihar
Educational Society qua Khasra No. 245 for an area of 8556.87
Sq.Yds. The said lease deed was cancelled vide order dated
22.06.2009 for the reason that the land was reserved for
residential purposes and therefore, could not have been allotted
for educational/institutional purposes. However, the affected
(Uploaded on 21/03/2026 at 02:31:50 PM)
[2026:RJ-JD:13085] (3 of 4) [WCP-996/2017]
society preferred a writ petition against order dated 22.06.2009,
whereby an interim order was passed in favour of the society.
Meaning thereby, the order of cancellation stood at abeyance.
8. Now, vide order dated 05.04.2017, order dated 22.06.2009
was withdrawn for the reason that the land allotted to the society
was in fact the land which was reserved for institutional and
educational purposes. Further, the land was not being used for all
these years.
9. It has further been submitted on behalf of the respondents
that even otherwise, the lease deed was qua the land on Khasra
No. 245. So far as the land in dispute in the present writ petition
is concerned, the same pertain to Khasra Nos. 244, 246, 247, 248
and 249. The land in question qua which status quo was directed
to be maintained vide order dated 20.05.2014 can by no means
be the land of Khasra No. 245 too. Vide order dated 05.04.2017,
the lease deed has been revived qua land of Khasra No. 245 only.
There is no change even in the area of the land. Hence, because
of order dated 05.04.2017 been passed, no contempt of interim
order dated 20.05.2014 can be made out.
10. After perusing the complete record and the reply as filed on
behalf of the respondents today, this Court is of the clear opinion
that as vide order dated 05.04.2017, lease deed qua Khasra No.
245 has only been revived, the same cannot be said to be in
contravention or disobedience of interim order dated 20.05.2014,
as vide the same, status quo regarding the land in question was
directed to be maintained and as observed above, land in question
cannot include the land of Khasra No. 245 too.
(Uploaded on 21/03/2026 at 02:31:50 PM)
[2026:RJ-JD:13085] (4 of 4) [WCP-996/2017]
11. For the aforesaid reasons, application for recalling of order
dated 05.02.2026 is hereby allowed. Order dated 05.02.2026 is
hereby recalled.
12. Further, it is hereby opined that no contempt or
disobedience of order dated 20.05.2014 is made out and the
contempt petition is hence, dismissed.
13. It is essential to observe that all the above facts were not
placed before the Court earlier as no reply to the contempt
petition was filed by the respondents for more than a period of
nine years. It is only vide the reply filed today that the above facts
have been brought on record.
14. Pending applications, if any, also stand disposed of.
15. Rule stands discharged.
(REKHA BORANA),J
95-manila/-
(Uploaded on 21/03/2026 at 02:31:50 PM)
Powered by TCPDF (www.tcpdf.org)
