The High Court of Rajasthan at Jodhpur disposed of a D.B. Writ Contempt petition alleging non-compliance of an earlier PIL order. Finding that the petitioner's representation had been decided by the District Collector, the Court held no further order was required.
Petition disposed of; notices discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:43218-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 641/2022
Ami Lal S/o Udram, Aged About 61 Years, R/o Village Silwala Khurd, District Hanumangarh. Presently Residing At Ward No.1, Nohar Town, Tehsil Nohar, District Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Khitij Vyas For Respondent(s) : Mr. Sunil Beniwal, AAG Mr. Rajesh Parihar
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order
12/12/2023
This contempt petition is filed by the petitioner alleging therein that the order passed by this Court in D.B. Civil Writ (PIL) Petition No.2364/2022 decided on 16.02.2022 has not been complied with.
This Court, while placing reliance on the earlier decision of a Co-ordinate Bench of this Court, has directed the District Collector concerned to examine the representation filed by the petitioner and to decide the same within a period of three months.
[2023:RJ-JD:43218-DB]
[WCP-641/2022]
(2 of 2)
Compliance report is filed on behalf of the respondent-State. It is submitted that the representation filed by the petitioner has already been decided by the District Collector concerned vide order dated 09.10.2023, wherein it is mentioned that since the land on which the encroachment, alleged to have been made, is a municipal land, the Public Land Protection Cell has no jurisdiction to take any action.
Learned counsel for the petitioner has submitted that the Municipal Board was also a party in the writ petition, however, learned counsel appearing for the respondent No.2 - Executive Officer, Municipal Board, Nohar has submitted that before deciding D.B. Civil Writ (PIL) Petition No.2364/2022, no opportunity was granted to the Municipal Board to place its defence and the petitioner has also not served any notice upon the Municipal Board for compliance of the order dated 16.02.2022 passed by this Court.
Having heard learned counsel for the parties and taking into consideration the fact that the representation filed by the petitioner has already been decided by the Public Land Protection Cell, Hanumangarh, headed by the District Collector, no further order is required to be passed in this writ contempt petition and the same is disposed of.
Notices are discharged.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
42-AnilKC/-
1 issue framed by the court
Whether the petitioner is entitled to relief in the contempt petition for non-compliance of the earlier order in D.B. Civil Writ (PIL) Petition No.2364/2022.
Colour shows how this judgement treated each authority
D.B. Civil Writ (PIL) Petition No.2364/2022Referred¶16
Ami Lal
Pawan Choudhary
Municipal Board, Nohar
Nathmal Dindel
Shewta Kocchar
Sanjay Kumar
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
