The High Court disposed of the contempt petition. Justice through a contempt proceeding. The relief was discharged the case because the factual dispute regarding encroachments could not be adjudicated in this proceeding. No relief was granted to the petitioner.
The notice to the respondents stands 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.195/2022
In
D.B. Civil (PIL) Writ Petition No.11409/2021
Gopal Sharma Son Of Shri Balkishan Sharma, Aged About 55 Years, Resident Of Village Panchayat Khawaraniji, Tehsil Jamwaramgarh, District Jaipur (Raj.). (Aadhar No. 274469753527, Punjab National Bank Branch Khawaranii A/c No. 2629000100114019 Pan No. Not Available)
----Petitioner
Versus
----Respondents
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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
16/08/2023
This contempt petition arises out of order dated 28.10.2021 passed by this Court in D.B. Civil Writ (PIL) Petition No.11409/2021.
Taking into consideration that there were certain encroachments, this Court directed the authority to look into the allegations of encroachments.
After filing of the present contempt petition, notices were issued to the respondents.
Reply has been filed.
In the reply, it has been stated that proceedings for removal of encroachments have been initiated and the encroachers have now been removed.
In support of the statement, an affidavit along with reply and the report prepared regarding removal of encroachment as also order dated 18.04.2022 passed by Tehsildar reporting removal of encroachments has been placed on record.
A rejoinder has been filed wherein factual statement regarding removal of encroachments has been disputed. It appears that as against respondents’ statement of removal of encroachments, the petitioners are alleging that encroachments have not been removed/fully removed. This is the disputed question of fact which cannot be adjudicated in contempt petition.
If according to the petitioners, a particular encroachment has not been removed, they need to approach the Tehsildar
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concerned. No further orders are required to be passed in this contempt petition.
The contempt petition is accordingly disposed off. Notices stand discharged.
(ASHUTOSH KUMAR),J
(MANINDRA MOHAN SHRIVASTAVA),J
Karan/55
1 issue framed by the court
Whether the disputed factual allegation regarding the removal of encroachments can be adjudicated in a contempt petition.
Gopal Sharma
Usha Sharma
Manindra Mohan Shrivastava
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
