Disposed

Smt. Meena Saini W/O Shri Ramswaroop Saini v. Shri Brijesh Kumar Gupta

Rajasthan HC20 Jul 2023CCP/33/2021

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition alleging disobedience of an order on removal of encroachments, holding that factual disputes regarding the extent of encroachment preclude judicial inquiry. It directed the petitioner to file a specific application before the SDM for spot inquiry.

What did the court decide?

The contempt petition was disposed of as the Court would not assume inquiry into disputed facts; the petitioner was directed to file a specific application before the SDM to revive the matter if aggri

Smt. Meena Saini W/O Shri Ramswaroop Saini Vs… — Writ and Judicial Review | Rajasthan HC (2023)

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[2023:RJ-JP:14769-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 33/2021

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Smt. Meena Saini W/o Shri Ramswaroop Saini, Holding Post Of Sarpanch In Gram Panchayat Kanwat, W/o Shri Ramswaroop Saini Resident Of Gram Panchayat Kanwat, Panchayat Samiti Khandela, District Sikar, Rajasthan.

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----Petitioner

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Versus

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Shri Brijesh Kumar Gupta, Sdm Kanwat, District Sikar. 2. State Of Rajasthan, Through Its Chief Secretary Government Of Rajasthan, Government Secretariat, Jaipur. Raj.

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----Respondents

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For Petitioner(s)	: Mr. Nirmal Kumar Goyal
For Respondent(s)	: Mr. Anil Mehta, AAG with
	Ms. Archana

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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20/07/2023

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Vide order dated 16.02.2023, this Court rejected application under Order 1 Rule 10 CPC filed by certain persons seeking impleadment.

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Today the case is listed for orders on an application (IA No.02/2022) filed under Order 1 Rule 10 CPC.

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We find that there is only one application for impleadment registered as IA No.02/2022, therefore, it is this application IA No.02/2022, which was rejected on the previous date of hearing.

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Accordingly, we treat all pending interim applications disposed of.

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This contempt petition was filed in the year 2021 alleging disobedience of order dated 23.04.2019 passed by this Court in D.B. Civil Writ Petition (PIL) No.14955/2017. In the course of

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[2023:RJ-JP:14769-DB]

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[CCP-33/2021]

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(2 of 2)

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proceedings, after the notices were issued, respondents have filed detailed reply and additional affidavit also, coming out to the statement of fact regarding removal of all encroachments.

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A factual dispute is sought to be raised by the petitioner by saying that entire encroachment has not been removed. Documents, affidavits, counter affidavits, photographs have been placed on record.

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An issue as to whether all the encroachments have been removed or not is a seriously disputed question of fact. This Court would not assume inquiry into the facts. However, if the petitioner has to say that entire encroachment has not been removed, she shall file specific application before the Sub Division Magistrate, Khandela, District Sikar specifying the khasra number extent of the land (in measurement) which is still under encroachment, the person who is still continuing in possession as encroacher. This shall be submitted on the basis of personal affidavit of the petitioner herself and not on the basis of any other information. If such a specific application is submitted, the authority shall examine and after making spot inquiry pass specific order within a period of 60 days.

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Accordingly, the contempt petition is disposed of.

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However, if the petitioner is still aggrieved, she will be at liberty to revive.

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(PRAVEER BHATNAGAR),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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37-SURAJ KUMAR

Smt. Meena Saini W/O Shri Ramswaroop Saini v. Shri Brijesh Kumar Gupta

Case brief

What is this about?

What did the court decide?

Smt. Meena Saini W/O Shri Ramswaroop Saini v. Shri Brijesh Kumar Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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