In a contempt petition challenging non-compliance with an order dated 1.10.2015, the court dismissed the petition because the impugned order had been set aside by a Division Bench via D.B. Special Appeal (Writ) No.612/2016.
The contempt petition was dismissed with liberty to revive if the Division Bench order is set aside by the Apex Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Contempt Petition No.318/2016
Pratap Singh S/o Shri Ramswaroop aged about 60 years, R/o Ward no. 18, Chaudhary Colony, Chirawa District Jhunjhunu (Raj.)
...Petitioner
Versus
...Respondents
For Petitioner(s) : Mr.Mahendra Singh Gurjar
For Respondent(s) : Mr.S.K. Gupta, AAG with Mr. Y.S. Jadoun
HON'BLE MR. JUSTICE ALOK SHARMA
Order
16/04/2018
Contempt of the order dated 1.10.2015 passed by this
Court in SBCWP No.15700/2011 is alleged in this petition.
Mr.S.K. Gupta, AAG counsel for the respondent-State
submitted that the said order of which contempt is alleged were put to challenge by way of D.B. Special Appeal (Writ) No.612/2016 , it was allowed by the Division Bench vide its order dated 7.7.2017. He submitted that in this view of the matter this
(2 of 2)
[CCP-318/2016]
petition qua the non-compliance of the order dated 1.10.2015 which stands set aside as aforesaid is not sustainable, it be dismissed.
Mr.Mahendra Singh Gurjar counsel for the petitioner submitted that the judgment dated 7.7.2017 passed by the Division Bench of this Court is in challenging before the Apex Court. Be as it may, in view of the fact that the judgment dated 1.10.2015 passed by this Court of which the contempt is alleged having been set aside in D.B. Special Appeal (Writ) No.612/2016. I cannot find any contempt in non-compliance therewith, the petition is accordingly dismissed.
However, the petitioner shall be at liberty to revive the contempt petition in the event the judgment of the Division Bench were to be set aside by the Apex Court.
(ALOK SHARMA), J
Himanshu/22
2 issues framed by the court
Whether a contempt petition for non-compliance of an order remains sustainable when the said impugned order has been set aside by a Division Bench prior to the contempt hearing.
Whether the petitioner is at liberty to revive the contempt petition if the Division Bench order is subsequently set aside by the Apex Court.
Pratap Singh
Shri Anand Kumar
Shri C.R.Jhajaria
Shri Mohan Lal Yadav
Shri Pit Ram Singh Kala
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
