A contempt petition challenging the alleged non-compliance with a prior writ order directing inspection of a village site was dismissed after the court accepted the respondents' compliance report indicating a No Objection Certificate was issued.
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[2023:RJ-JD:38404-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 1214/2022
Man Singh S/o Shri Kumbh Singh, Aged About 63 Years, By Caste Rajput, Residnet of Village Narsana, Tehsil Bagoda, District Jalore (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Teja Ram For Respondent(s) : Mr. Sunil Beniwal, AAG with Mr. Utkarsh Gurjar Mr. Hemant Ballani
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
07/11/2023
1. This contempt petition has been filed by the petitioner alleging that the order dated 12.07.2019 passed by this Court in D.B. Civil Writ Petition No.9890/2019 (Man Singh & Ors. Vs. State of Rajasthan & Ors.) has not been complied with.
2. In the order dated 12.07.2019 passed in D.B. Civil Writ Petition No.9890/2019 (Man Singh & Ors. Vs. State of Rajasthan & Ors.) , this Court has directed the District Collector, Jalore to
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[2023:RJ-JD:38404-DB]
[WCP-1214/2022]
inspect the Village Narsana especially Khasara No.517 to satisfy himself as to the veracity of the allegations made by the writ petitioners in that writ petition.
3. Compliance report has been filed on behalf of the respondents, wherein it is mentioned that after inspecting the site and verifying the claims of the petitioner, No Objection Certificate has been issued to a company to erect a mobile tower in Village Narsana.
4. Having heard learned counsel for the parties and after perusing the compliance report, we are of the view that the substantial compliance of the order dated 12.07.2019 passed by this Court in D.B. Civil Writ Petition No.9890/2019 (Man Singh & Ors. Vs. State of Rajasthan & Ors.) has been made, therefore, no further order is required to be passed in this contempt petition.
5. Hence, this contempt petition is dismissed.
6. Notices are discharged.
7. Needles to say that if the petitioner is aggrieved by the issuance of No Objection Certificate for erection of mobile tower, he is free to avail appropriate remedy available to him under the law.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.48
1 issue framed by the court
Whether the prior order directing inspection of the village site has been substantially complied with.
Colour shows how this judgement treated each authority
Man Singh & Ors. Vs. State of Rajasthan & Ors.Referred¶1
D.B. Civil Writ Petition No.9890/2019
Man Singh
Shri Anand Kumar
Shri Nishant Jain
Shri Chimna Ram
Shri Kamla Devi
State of Rajasthan
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
