The High Court of Rajasthan disposed of a writ contempt petition alleging violation of an interim order. The Court held the order only stayed a previous judgment and did not mandate a status quo, dismissing the petition for lack of substantiation.
The contempt petition was dismissed; no initiation of contempt proceedings.
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 AT JODHPUR
S.B. Writ Contempt No. 988/2018
Mukhtyar Ahmed S/o Haji Mohd. Hanif, Aged About 70 Years, Sadar Bazar, Basni, Nagaur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. MA Siddiqui For Respondent(s) :
JUSTICE DINESH MEHTA
Order
04/12/2018
The present contempt petition has been filed by the petitioner (respondent No.2 in the Writ Petition No.5020/2016), inter alia, alleging non-compliance of the interim order dated 4.5.2016 passed by this Court.
The above referred order, reads thus:
“In the meanwhile and until further orders, operation of order dated 10th of September, 2015 (Annex.1) shall remain stayed.”
It is pertinent to note that the aforesaid order had been passed by this court in SBCWP NO.5020/2016, wherein a challenge to judgment and decree dated 10.09.2015 passed by the Wakf Tribunal was made. It will not be out of place to
reproduce the relevant part of the judgment and decree impugned in the said writ petition:
“vr% oknhx.k dk nkok fo:) izfroknh uEcj 2 o 3 ds f[kykQ vkaf”kd :i ls Lohdkj fd;k tkdj bl izdkj fMØh fd;k tkdj vkKk nh tkrh gS fd okni= e”kEewyk utjh uD”kk izn”kZ&1 esa ^^lh** ekdZ efLtn oknhx.k dh oDQ lEifr gS ftl ij tks QsfUlx dh xbZ gS mls fMØh dh frfFk ls 4 ekg esa gVkos o bl efLtn dk vf/kiR; gVkdj oknhx.k ;k jktLFkku oDQ cksMZ dks lkSis rFkk izfroknh la[;k 2 rk 3 dks LFkk;h O;kns”k ls ikcUn fd;k tkrk gS fd bl efLtn esa uekt i<+us ds fy, oknhx.k o vke eqlyekuksa dks dksbZ enk[kyr o etkegr ugha Mkys o efLtn ij dksbZ rkehjkr u djsA i{kdkjku [kpkZ viuk viuk Lo;a ogu djs] rn~uqlkj ,drjQk esa fMØh eqfrZc gksA fu.kZ; dh izfr i{kdkjku dks nh tkosA”
The petitioner has filed the present contempt petition alleging violation of the interim order passed by this Court contending that the respondents-contemnors have raised construction over the contentious site. In support of his claim, the petitioner has produced certain photographs in the form of Annex.2.
Having heard learned counsel for the petitioner and upon perusal of the material available on record including the photographs, this Court is unable to comprehend as to how the interim order dated 4.5.2016 has been flouted; particularly, when the same was not to the effect of maintaining status-quo. As a matter of fact this Court had only stayed the effect and operation of the impugned order dated 10.9.2015, passed by the Wakf Tribunal, which mandated removal of the fencing and handing over the possession to the plaintiffs or Wakf Board.
This Court does not find any substance in the present petition seeking initiation of contempt proceedings. The petition is thus dismissed.
(DINESH MEHTA),J
29-ravi
1 issue framed by the court
Whether the respondents violated the interim order dated 04.05.2016 staying the operation of the Wakf Tribunal's order.
Mukhtyar Ahmed
Rk Verma
T.P. Singh
Ram Singh Bairva
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
