This contempt petition challenged the failure of respondents to comply with orders dated 07.12.2020 concerning encroachments. The Court found that the orders were substantially complied with and retained jurisdiction for further action against encroachers under law.
Contempt petition dismissed; notices discharged.
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[2023:RJ-JD:42018-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 748/2021
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : | Mr. Ramniwas Choudhary, |
|---|---|---|
| Mr. Sharwan Kumar Daukiya, and | ||
| Mr. KuldeepKumar Shah | ||
| For Respondent(s) | : | Mr. Sunil Beniwal,AAG |
(2 of 3)
[2023:RJ-JD:42018-DB]
[WCP-748/2021]
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
04/12/2023
This contempt petition is filed by the petitioners alleging therein that the respondents have not complied with the directions given by this Court on 7.12.2020 in DB Civil Writ Petition No.11885/2020.
Vide order dated 07.12.2020, the Division Bench of this Court has disposed of the writ petition filed by the petitioners while observing that the writ petition preferred by the petitioners raising the grievances shall be treated to be a representation, which shall be considered and decided by the Public Land Protection Cell of District (PLPC) of Jodhpur in light of directions issued by this Court in the case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. (DB Civil Writ Petition (PIL) No.10819/2018) in accordance with law.
It is further observed by the Division Bench that the encroachments, if any, found on the land forming part of aagore, talab, pal and pasturage shall be removed forthwith.
Various compliance reports and counters thereto have been filed on behalf of the parties.
Learned counsel for the petitioners has submitted that though, in the compliance reports, the respondents have come with a case that they have already complied with the directions given by this Court, but as a matter of fact, the order passed by
[2023:RJ-JD:42018-DB]
[WCP-748/2021]
this Court has not been complied with. It is further submitted that in Khasra Nos.2141 and 1744 of Village Cherai, certain private persons have encroached over the aagore land and new constructions have also been raised.
Having heard learned counsel for the parties and after going through the various compliance reports filed on behalf of the respondents, we are of the opinion that the order dated 7.12.2020 passed by this Court has substantially been complied with. If any constructions are being raised in Khasra Nos.1744 and 2141, the respondents are supposed to take action against the alleged encroachers strictly in accordance with law.
With these observations, this contempt petition is disposed
of.
Notices are discharged.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
56-DivyaTak/-
1 issue framed by the court
Whether the respondents have complied with the directions given by this Court on 7.12.2020 regarding encroachments.
Colour shows how this judgement treated each authority
Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors.Referred¶25
Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. (DB Civil Writ Petition (PIL) No.10819/2018)
1 provisions across 1 enactments
Bhinyaram S/o Shri Simratha Ram
Ramesh Kumar S/o Shri Balluram
State Of Rajasthan
Smt.manju Rajpal
Shri Indrajeet Singh
Dr. Indrajeet Yadav
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
