Disposed

Rampal Sharma S/O Shri Roodmal Sharma v. State of Rajasthan

Rajasthan HC16 Aug 2023CCP/697/2021

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition alleging willful disobedience of an earlier order for removal of encroachments. Finding that the authorities had issued notices under the JDA Act, the Court held no case for contempt existed, ensuring only early disposal of pending proceedings.

What did the court decide?

Contempt petition disposed of; Rule discharged; Liberty to revive writ petition if proceedings not concluded in reasonable time.

Rampal Sharma S/O Shri Roodmal Sharma Vs State of… — Contempt of Court | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 697/2021

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D.B. Civil PIL (Writ) Petition No.20881/2019

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Rampal Sharma S/o Shri Roodmal Sharma, Aged About 40 Years, R/o VPO Khora Bisal Via Jhotwara Tehsil Amer Jaipur Raj. At Present resident Of Khora Bisal Vyapar Mandal Vikas Samiti.

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Mukesh Kumar Sharma S/o Sharwan Kumar Sharma, Aged About 36 Years, R/o Bohra Wali Dhani Vill. Khora Bisal Tehsil Amer Raj.

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Harinarayan Yadav S/o Shri Lalaram, Aged About 40 Years, R/o 27 Chak Basdi Beed Wali Dhani Tehsil Jaipur Distt. Jaipur At Present UP Sarpanch Of Pithawas Vill. Panchayat

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary To The State Government Of Rajasthan, For The Department Of The UDH And Local Bodies Government State Secretariat Jaipur.

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Kunji Lal Meena, The Principal Secretary To The State Government For The Department Of The UDH And Local Bodies Government Of Rajasthan, State Secretariat, Jaipur.

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Smt. Aparna Arora, The Principal Secretary To The State Govt. For The Department Of The Panchayati Raj Govt. Of Raj. State Secretariat Jaipur.

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Antar Singh Nehra, District Collector, Jaipur.

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Gaurav Goyal, Commissioner Jaipur Development Authority, Jaipur.

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Navin Arora, Managing Director, Jaipur Vidhyut Vitran Nigam Limited Vidhyut Bhawan, Janpath Jaipur.

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Mohan Lal Sharma, Assistant Engineer (A.En.) Bad Pipli Power House, Jaipur Vidhyut Vitran Nigam Limited, Jaipur.

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Anil Kumar Sharma, Secretary (Gram Vikas Adhikari) Village Panchayat, Khora Bisal, Tehsil Jalsu, District Jaipur.

----Respondents

[CCP-697/2021]

(2 of 3)

For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG

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

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16/08/2023

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This contempt petition has been filed by the petitioners alleging willful disobedience of an order dated 06.03.2020 passed in D.B. Civil PIL (Writ) Petition No.20881/2019.

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The instant contempt petition came to be filed with the allegation that in spite of the order of the Court, no steps have been taken for removal of encroachment.

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Reply has been filed by the respective respondents namely; Revenue Authority and, thereafter, by Jaipur Development Authority (JDA). The contents of the reply show that the area was found to be within the jurisdiction of the Jaipur Development Authority. The JDA enquired the matter and having found that there are certain encroachments, notices have been issued for removal of encroachments to the persons, who are alleged to be encroachors. It is stated that those proceedings are pending consideration.

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It appears that the respondents-authorities have initiated proceedings for removal of encroachments by issuing notice to the encroachors in exercise of their powers conferred under Section 72 of the Jaipur Development Authority Act, 1982. The steps with the respondents were required to initiate in the spirit of the order of this

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(3 of 3)

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[CCP-697/2021]

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Court, has already been taken. Therefore, it is not a case of contempt.

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The respondents-authorities shall nevertheless ensure early disposal of the proceedings pending before it. In case the proceedings are not concluded within a reasonable time, the petitioners would be at liberty to revive their writ petition.

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The contempt petition stands disposed off.

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Rule stands discharged.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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MADAN/54

Rampal Sharma S/O Shri Roodmal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rampal Sharma S/O Shri Roodmal Sharma v. State of Rajasthan

Case brief

What is this about?

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