The Court disposed of a contempt petition alleging non-compliance with an order to remove encroachments. It held that a subsequent stay order operative against the respondents justified their failure to proceed, and thus no willful disobedience occurred.
Contempt petition disposed of; notices discharged.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 559/2022
Girajsar Seva Samiti, Through Its Chairman Laxmi Narayan Bhattar, S/o Late Sh Madan Gopal Ji, Aged About 67 Years, B/c Maheshwari, R/o Girajsar, Tehsil Kolayat, District Bikaner
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dharamveer Chaudhary For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
02/12/2023
This contempt petition is filed by the petitioner-Samiti alleging that the respondents are not complying with the directions given by this Court vide order dated 8.1.2021 in D.B. Civil Writ Petition No.8587/2020.
This Court, vide aforesaid order, has directed the petitioner to approach PLPC, Bikaner by filing representation for ventilating its grievances with a further direction to the PLPC, Bikaner to consider the petitioner’s grievances for removing encroachments made over the Oran land of village Girajsar, Tehsil Kolayat, District
(2 of 2) [WCP-559/2022]
Bikaner and if the grievances raised by the petitioner are found correct, direct appropriate action within a period of three months from the date of submission of the representation.
Reply to the contempt petition is filed on behalf of the respondents, wherein it is stated that as per the directions given by this Court, PLPC has identified 252 encroachments over the Oran land of village Girajsar, Tehsil Kolayat, District Bikaner and started proceedings for removal of those encroachments, however, the affected persons have approached this Court by way of filing S.B. Civil Writ Petition Nos.8070/2023 and 6251/2022 and the learned Single Judge of this Court, in the aforesaid writ petitions, while issuing notices to the respondents has ordered for maintaining status quo. It is submitted that as stay order is passed by this Court in those writ petitions, the respondents cannot take any action against the alleged encroachers.
Having heard learned counsel for the parties and taking into consideration the above mentioned facts, we are of the view that since stay order is operative against the respondents on removing the alleged encroachers over the Oran land of village Girajsar, Tehsil Kolayat, District Bikaner, it cannot be said that the respondents have willfully disobeyed the order dated 08.01.2021 passed by this Court in D.B. Civil Writ Petition No. 8587/2020.
In view of the above, this contempt petition is disposed of. Notices are discharged.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
29-poonamS/-
2 issues framed by the court
Whether the respondents willfully disobeyed the court's order dated 8.1.2021 by failing to remove encroachments.
Whether continuing proceedings against encrochers violates an operative stay order in pending writ petitions.
Girajsar Seva Samiti
Bhagwati Prashad Kalal
Niraj K Pawan
Shiv Kumar Gaur
State Of Rajasthan
Vijay Bishnoi
Munnuri Laxman
As recorded by the court registry
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