Dismissed

Umashankar Gurjar S/O Shri Hari Singh, v. the State of Rajasthan through Its Additional Principal Secretary

Rajasthan HC1 Dec 2022CCP/348/2022

Case brief

AI extract

What is this about?

Four Contempt Petitions filed under S.B. Civil Writ Petitions challenging an order dated 10.02.2022 were dismissed because the impugned order was under challenge by the state in a Division Bench appeal, negating wilful disobedience.

What did the court decide?

Contempt Petitions dismissed; contemnors exonerated from personal appearance.

Umashankar Gurjar S/O Shri Hari… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Contempt Petition No. 355/2022

¶3

¶4

S.B. Civil Writ Petition No.671/2022

¶5

Mukesh Kumar Gurjar S/o Ramjilal Gurjar, Aged About 33 Years, R/o Khari Kothi Mohalla, District Dausa, Rajasthan

¶6

----Petitioner

¶7

Versus

¶8

The State Of Rajasthan, Through Its Additional Principal Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶9

Dr. Joga Ram, Additional Principal Secretary Cum Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur

¶10

Hridesh Kumar Sharma, Director And Joint Secretary, Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶11

Narendra Kumar Verma, Deputy Director (Administration), Local Self Government Department, G- 3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶12

Seema Choudhary, Executive Officer, Municipality, Lalsot, District Dausa, Rajasthan.

¶13

----Respondents

¶14

Connected With

¶15

S.B. Civil Contempt Petition No. 348/2022

¶16

¶17

S.B. Civil Writ Petition No.668/2022

¶18

Umashankar Gurjar S/o Shri Hari Singh, Aged About 30 Years, R/o Village Khedla, Post Teogoan, Tehsil Nadouti, District Karauli, Rajasthan.

¶19

----Petitioner

¶20

Versus

¶21

The State Of Rajasthan Through Its Additional Principal

¶22

(2 of 4)

¶23

[CCP-355/2022]

¶24

Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur

¶25

Dr. Joga Ram, Additional Principal Secretary Cum Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶26

Hridesh Kumar Sharma, Director And Joint Secretary, Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶27

Narendra Kumar Verma Deputy Director (Administration), Local Self Government Department , G-3, Rajmahal Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶28

Yogeshf Kumar Pipal , Executive Officer, Municipality Bhusawar, District Bharatpur, Rajasthan.

¶29

----Respondents

¶30

S.B. Civil Contempt Petition No. 356/2022

¶31

¶32

S.B. Civil Writ Petition No.676/2022

¶33

Dheeru Singh Gurjar S/o Ramroop Gurjar, Aged About 27 Years, R/o Village And Post Dubbi, Tehsil Sikrai, District Dausa, Rajasthan- 303304.

¶34

----Petitioner

¶35

Versus

¶36

The State Of Rajasthan, Through Its Additional Principal Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶37

Dr. Joga Ram, Additional Principal Secretary Cum Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶38

Hridesh Kumar Sharma, Director And Joint Secretary, Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶39

Narendra Kumar Verma, Deputy Director (Administration), Local Self Government Department, G- 3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶40

(3 of 4)

¶41

[CCP-355/2022]

¶42

Narsi Lal Meena, Executive Officer, Municipality, Bandikui, District Dausa, Rajasthan.

¶43

----Respondents

¶44

S.B. Civil Contempt Petition No. 357/2022

¶45

¶46

S.B. Civil Writ Petition No.678/2022

¶47

Pawan Gurjar S/o Ramniwas Gurjar, Aged About 28 Years, R/o Banari, Bhuri-Bharaj, Tehsil Kotputli, District Jaipur, Rajasthan.

¶48

----Petitioner

¶49

Versus

¶50

The State Of Rajasthan, Through Its Additional Principal Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶51

Dr. Joga Ram, Additional Principal Secretary Cum Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur

¶52

Hridesh Kumar Sharma, Director And Joint Secretary, Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶53

Narendra Kumar Verma, Deputy Director (Administration), Local Self Government Department, G- 3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.

¶54

Suresh Kumar Verma, Executive Officer, Municipal Board, Viratnagar, District Jaipur, Rajasthan.

¶55

----Respondents

¶56

For Petitioner(s)	:	Mr. Akshat Gupta, Adv. for Mr. Vigyan Shah, Adv.
For Respondent(s)	:	Mr. Anil Mehta, AAG-Sr. Adv. assisted by Ms. Archana, Adv.
		Mr. Hridesh Kumar Sharma, for Respondent No.3
		Mr. Narendra Kumar Verma, for respondent No.4

¶57

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

01/12/2022

(4 of 4)

[CCP-355/2022]

These petitions have been filed for initiating contempt proceedings for wilful disobedience of order of this Court dated 10.02.2022 passed in S.B. Civil Writ Petition No.668/2022 and other connected Writ Petitions. In the additional affidavit, the respondents have stated that order dated 10.02.2022 aforesaid is under challenge before a Division Bench of this court in D.B. Civil Special Appeal (Writ) No.1169/2022.

¶62

Learned counsel for the petitioner submits that there is no stay order passed by a Division Bench. Moreover, several Writ Petitions were disposed of vide order dated 10.02.2022. However, the same order passed in other Writ Petitions was not challenged before the Division Bench.

¶63

Learned counsel for the respondents submits that the order is challenged in the matter of all Writ Petitions.

¶64

In the aforesaid circumstance, no case of wilful disobedience of order of this Court is made out. Hence, these contempt petitions stands dismissed.

¶65

The contemnors were directed to remain present in person, they are present in person. They are exonerated from personal appearance due to dismissal of the contempt petitions.

¶66

Pending application, if any, also stands disposed of.

¶67

(BIRENDRA KUMAR),J

¶68

Ashwani /-51-54

Umashankar Gurjar S/O Shri Hari Singh, v. the State of Rajasthan through Its Additional Principal Secretary

Case brief

What is this about?

What did the court decide?

Umashankar Gurjar S/O Shri Hari Singh, v. the State of Rajasthan through Its Additional Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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