Petitioner filed a contempt petition alleging non-compliance of a previous order for constructing on riverbed land. Court dismissed the petition as it had previously held the petitioner to be an encroacher in the underlying writ petition.
Contempt petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Writ Contempt No. 10/2019
Kuldeep Singh S/o Shri Prapat Singh Ji, Aged About 59 Years, Village - Khiwara, Panchayat Samiti- Rani, District Pali, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pawan Singh. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
10/01/2019
This contempt petition has been filed by the petitioner alleging non-compliance of order dated 29.10.2018 passed by this Court.
The petitioner filed SBCW No.16711/2018 seeking that the respondents be restrained from constructing veterinary hospital on land of Khasra No. 386 of Village Khiwara, which as per the petitioner, is part of the river bed and cannot be used to for the construction whatsoever and the petitioner claimed to be in possession of the land in question.
After hearing the petitioner, the Court came to the conclusion that if at all the petitioner claims to be in possession of land
(2 of 2)
[WCP-10/2019]
forming part of the river bed, he was an encroacher and cannot be allowed to remain in possession thereof, however, directions were given to the District Collector, Pali to ensure that the river bed is freed from encroachments and compliance report was directed to be submitted before this Court.
In the present contempt petition, the petitioner has made the same allegations, which have been made in the writ petition alleging that the land in question is being encroached and that he is being dispossessed and, therefore, the Collector be hauled for contempt.
Once the petition filed by the petitioner itself has been rejected by the Court by holding him an encroacher, the contempt petition at his instance cannot be countenanced, the same is, therefore, dismissed.
(ARUN BHANSALI),J
78-PKS/-
1 issue framed by the court
Whether a contempt petition can be maintained when the underlying writ petition claiming possession was rejected on the grounds that the claimant is an encroacher.
Kuldeep Singh
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
