Dismissed

Chiranjee Lal S/O Shri Duli Chand Ahir v. State of Rajasthan

Rajasthan HC29 Aug 2023CCP/633/2022

Case brief

AI extract

What is this about?

This is a contempt petition alleging wilful disobedience of an order to examine encroachment. The court found that the issue of land jurisdiction between revenue authorities and the Bhiwadi Integrated Development Authority was undecided. Consequently, the court held that the contempt proceeding could not continue further.

What did the court decide?

Rule is discharged. Petitioners at liberty to file separate writ petition for removal of encroachment.

Chiranjee Lal S/O Shri Duli Chand… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JP:19892-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No.633/2022

¶4

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D.B. (PIL) Civil Writ Petition No.16143/2019

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Chiranjee Lal S/o Shri Duli Chand Ahir, Aged About 65 Years, R/o Village Heengwahera, Tehsil-Tijara, District Alwar (Raj). Punjab National Bank Account No. 3563000100048466 Branch Shahbad District Alwar.

¶7

Prahlad Yadav S/o Bhup Singh Yadav, Aged About 43 Years, R/o Village Heengwahera, Tehsil Tijara, District Alwar (Raj.). (Baroda Rajasthan Kshetriya Gramin Bank Account No. 45060400000260 Branch Heengwahera, District Alwar).

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----Petitioners

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Versus

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State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat Shashan Sachivalay, Bhagawan Das Road, Jaipur (Raj)- 302006.

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Smt. Usha Sharma, Chief Secretary, Government Of Rajasthan, Secretariat Shashan Sachivalay, Bhagawan Das Road, Jaipur (Raj)- 302006.

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Shri Anand Kumar, Principal Secretary Department Of Revenue, Government Of Rajasthan, Secretariat Shashan Sachivalay, Bhagawan Das Road, Jaipur (Raj) - 302006.

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Shri Jitendra Kumar Soni, District Collector And District Magistrate Alwar (Raj) - 301001.

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Shri Mahendra Singh Yadav, Sub-Divisional Officer Tijara, District- Alwar (Raj).

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Shri Dr. Basant Parsoya, Tehsildar, Tijara, District Alwar (Raj).

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Suresh Kumari, Sarpanch, Gram Panchayat Heengwahera, Panchayat Samiti Tijara, District Alwar (Raj.)

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----Contemnors/Respondents

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[2023:RJ-JP:19892-DB]	(2 of 3) [CCP-633/2022]
For Petitioner(s)	: Mr. Vishvesh Gupta with Mr. Kishan Swami
For Respondent(s)	: Mr. Rajesh Maharshi, AAG with Mr. Rahul Sehra

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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29/08/2023

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This contempt petition has been filed alleging wilful disobedience of order dated 24.09.2019 passed by this Court by which direction was issued to examine the complaint of encroachment.

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The reply filed by the respondent Nos.4 to 6 shows that an inquiry was made in the matter and on the basis of the spot report submitted before the Collector it was found that the land does not fall within the jurisdiction of the revenue authority but is within the jurisdiction of Bhiwadi Integrated Development Authority. Accordingly, Collector vide his letter dated 26.10.2021 informed the concerned authority regarding the order passed by the Court.

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As this Court had not decided the issue as to whether the land falls within the jurisdiction of the revenue area or within theintegrated society area, this case cannot be continued further in contempt proceedings. The rule is accordingly discharged.

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The petitioners would be at liberty to seek such order as they consider in the matter of removal of encroachment by filing separate writ petition.

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The contempt petition stands disposed off.

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[2023:RJ-JP:19892-DB]

[CCP-633/2022]

(3 of 3)

Rule is discharged.

(ASHUTOSH KUMAR),J

(MANINDRA MOHAN SHRIVASTAVA),J

¶33

MADAN/13

Chiranjee Lal S/O Shri Duli Chand Ahir v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chiranjee Lal S/O Shri Duli Chand Ahir v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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