Petitioner filed a contempt petition alleging disobedience of an interim order staying land regularization in the Sonar Fort protected area. The court found no prima facie evidence of violation based on record material.
Contempt petition dismissed; rule discharged.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 834/2021
Sunil Paliwal S/o Shri Swaroop Lal Paliwal, Aged About 36 Years, Resident Of 696-B, Indra Colony, Tehsil And District Jaisalmer (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manas Khatri For Respondent(s) : Mr. Hemant Ballani
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
24/11/2022
Heard.
By order dated 06.10.2021, this Court passed the following
interim order:-
“In the meanwhile and until further orders, no regularization of the land/construction situated within the protected, prohibited and regulated area of Ancient monument – Sonar Fort in Jaisalmer shall be permitted.”
(2 of 2)
[WCP-834/2021]
The instant contempt petition has been filed alleging willful disobedience of this order. Shri Hemant Ballani, appearing on behalf of the Municipal Authorities, Jaisalmer has filed affidavits and material which prima facie satisfy the Court that no regularization has been done within the protected, prohibited and regulated area of the monument Sonar Fort, Jaisalmer.
Learned counsel Shri Khatri made oral submission that construction activities are being undertaken inside the fort. However, there is no such averment in the contempt petition and hence, the respondents could not have responded to such an assertion.
Having gone through the material available on record of this contempt petition, we feel that the respondents cannot be held liable for willful disobedience of this Court’s interim stay order dated 06.10.2021. In case at any future occasion, any willful disobedience is brought to the notice, the petitioner would be at liberty to take recourse of suitable remedy thereagainst.
The contempt petition is thus, disposed of. Rule is discharged. The writ petition (no.14065/2021) shall be listed before the concerned Bench.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
17-Sudhir Asopa/-
1 issue framed by the court
whether respondents willfully disobeyed the interim stay order dated 06.10.2021 regarding land regularization in the Sonar Fort area
Sunil Paliwal
State Of Rajasthan
Shashikant Sharma
Sunita Choudhary
SANDEEP MEHTA
KULDEEP MATHUR
As recorded by the court registry
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