A contempt petition challenging non-compliance with an order dated 02.05.2022 was disposed of as the State assuaged that encroachments would be removed within 4 weeks post-Model Code of Conduct.
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[2023:RJ-JD:43239-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 463/2023
Bajir Khan S/o Salman Khan, Aged About 67 Years, R/o Mohan Nagar, Bhojasar, Tehsil Phalodi, District Jodhpur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. D.L.R. Vyas For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
12/12/2023
1. This contempt petition has been filed on behalf of the petitioner alleging that the respondents have not complied with the directions given by this Court vide order dated 02.05.2022 passed in D.B. Civil Writ Petition No.4454/2022 (Bajir Khan Vs. State of Rajasthan & Ors.) .
2. Learned AAG has furnished the compliance report, wherein it is mentioned that in compliance of the order dated 02.05.2022 passed by this Court in DBCWP No.4454/2022 , the PLPC vide order dated 07.10.2022 issued directions to initiate proceedings against the alleged encroachers and in that pursuance, after serving notice under Section 91 of the Rajasthan Land Revenue
(2 of 2)
[WCP-463/2023]
[2023:RJ-JD:43239-DB]
Act upon them, eviction order was passed by the Tehsildar concerned.
3. Learned AAG has submitted that since the Model Code of Conduct was in currency at that relevant time, the encroachments could not be removed pursuance to the eviction order passed by the Tehsildar concerned.
4. Learned AAG has assured this Court that now the Model Code of Conduct is over and the identified alleged encroachments shall be removed within a period of 4 weeks.
5. In view of the above, we are of the opinion that the order dated 02.05.2022 passed by this Court in D.B. Civil Writ Petition No.4454/2022 (Bajir Khan Vs. State of Rajasthan & Ors.) has substantially been complied with, therefore, no further order is required to be passed in this contempt petition and the same is hereby disposed of.
6. Notices are discharged.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.46
Bajir Khan
State of Rajasthan
Himanshu Gupta
Archna Vyas
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
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