In this summoning contempt petition, the petitioner alleged that respondents violated an interim stay order dated 03.04.2019 by verifying a mutation. The single-judge Court dismissed the petition, holding that there was no evidence the respondents had knowledge of the order and thus no deliberate disobedience occurred.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 96/2021
Radheyshyam S/o Shri Kalyan Sahay, Aged About 51 Years, R/o Village Golyawas @ Manpurdevari, Tehsil Sanganer, District Jaipur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. J. P. Goyal, Senior Counsel with Mr. Siddharth Singh, Adv. For Respondent(s) : Mr. Dharam Veer Tholia, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
28/11/2023
This Contempt Petition has been filed under Article 215 of the Constitution of India read with Sections 2/12 of the Contempt of Courts Act, 1971 alleging non-compliance of the order dated 03.04.2019 passed by this Court in S.B. Civil Writ Petition No.6281/2019 titled as Radheshyam Vs. Babu Lal & Ors.
Learned senior counsel for the petitioner submits that petitioner had filed a revenue suit before S.D.O. Jaipur-II in which temporary injunction application was also filed. S.D.O. Jaipur-II granted at-interim temporary injunction on 23.08.2004. The
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respondents filed a revision petition before Board of Revenue against ad-interim temporary injunction order. The said revision was dismissed vide order dated 04.03.2014 by Board of Revenue holding that revision was not maintainable and directed the S.D.O. Jaipur-II to decide the main temporary injunction application within a period of two months. Defendant-Babu lal filed an appeal after a lapse of 10 years. Revenue Appellate Authority, Jaipur without issuing notices to the petitioner stayed operation of the order dated 23.08.2004 passed by S.D.O. The petitioner filed revision petition before the Board of Revenue against the said order which has been dismissed vide order dated 28.01.2019. Petitioner challenged the said order before this Court by way of filing S.B. Civil writ petition No.6281/2019 and this Court vide order dated 03.04.2019 granted ad-interim stay order in favour of the petitioner to maintain status quo as existed on that date. Learned senior counsel for the petitioner also submits that the respondents despite the knowledge of the interim order passed by this Court, have deliberately disobeyed the status quo order dated 03.04.2019 passed by this Court and verified the mutation in favour of JDA. So, respondents be held guilty for breach of the order dated 03.04.2019 passed by this Court.
Learned counsel for the respondents has opposed the arguments advanced by learned senior counsel for the petitioner and submitted that the order dated 03.04.2019 was passed exparte. Respondent had no knowledge regarding said order and there is no evidence on record that petitioner ever served the said order to the respondents. So, contempt petition be dismissed.
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I have considered the arguments advanced by learned senior counsel for the petitioner as well as learned counsel for the respondents.
It is an admitted position that this Court vide order dated 03.04.2019 while issuing notices directed that till the next date status quo as existed on that date shall be maintained by the parties, but there is no evidence on record that petitioner had ever informed the respondents regarding said order. So, in my considered opinion, when the respondents had no knowledge of the order dated 03.04.2019, they had not disobeyed the said order deliberately. So, present contempt petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
Pending application(s), if any, stand(s) disposed of. Notices stand discharged.
(NARENDRA SINGH DHADDHA),J
Jatin /08
1 issue framed by the court
Whether respondents deliberately disobeyed the interim order dated 03.04.2019 without knowledge of it.
Radheyshyam S/o Shri Kalyan Sahay
Shri Mukesh Chand Meena
Shri Antar Singh Nehra
State Of Rajasthan
Smt Ashmita Singh
NARENDRA SINGH DHADDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
