In a contempt petition, the High Court examined the State's reply regarding compliance with a previous order to remove encroachments on common grazing land. Finding that substantial compliance had been achieved, the court held no further interference was warranted.
Petition stands disposed of; Rule is discharged.
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
D.B. Civil Contempt Petition No. 1772/2018
in
D.B. Civil Writ Petition (PIL) No. 19636/2017
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. D.S. Bagadia, Advocate For Respondent(s) : Ms. Archana, Advocate on behalf of Mr. Anil Mehta, Additional Advocate General
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
04/09/2020
(2 of 3)
[CCP-1772/2018]
Petitioners have filed the petition alleging that the order dated 5.12.2017 passed by this Court has not been complied with. We have heard learned counsel for the parties and have
gone through the record available on file carefully.
On 5.12.2017, following order was passed by this
Court:-
In the reply submitted by the State, it has been averred that on account of status quo order pertaining to Khasra No. 432 measuring 2.50 hectare, no action could not taken to remove the encroachment. However, from the Khasra No. 624 measuring 15.45 hectare out of 15.56 hectare and Khasra No. 627 measuring 5.54 hectare out of 5.61 hectare, encroachment has been removed. It has been further averred that encroachment has also
(3 of 3)
[CCP-1772/2018]
been removed from the Khasra No. 627 on 15.5.2019. Some persons had again encroached upon Khasra No. 624 and 627 and after obtaining order of Dy. Tehsildar, the said encroachments were removed on 7.11.2019 with the help of JCB. Encroachers were ordered to be sent to Civil Jail for two months and fifteen days.
In view of the reply submitted by the State, no ground for further interference is made out.
Petition stands disposed of, accordingly. Rule is discharged.
(CHANDRA KUMAR SONGARA),J
(SABINA),J
Anil Makwana /70
2 issues framed by the court
Whether the State authorities have satisfactorily demonstrated compliance with the earlier order dated 5.12.2017 directing removal of encroachments on Gram Panchayat land?
Whether the petitioners are entitled to any further interference in view of the partial compliance reported by the State?
1 provisions across 1 enactments
Kailash Singh
Kajod Mal Balai
Unaya
Prakash Raj Purohit
Chief Secretary, Government Of Rajasthan
Sabina
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
