Dismissed

Rameshwar Lal Jat v. the State of Rajasthan

Rajasthan HC6 Dec 2023WCP/815/2023

Case brief

AI extract

What is this about?

This contempt petition challenged non-compliance with a prior order directing eviction of encroachments. The court found that eviction orders had been passed after notices were issued. Although removal was delayed due to elections, the court held that substantial compliance was achieved and disposed of the petition.

What did the court decide?

Contempt petition dismissed as substantial compliance with the prior order had been achieved.

Rameshwar Lal Jat Vs the State of… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:42371-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Contempt No. 815/2023

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Rameshwar Lal Jat S/o Bhagwan Lal Jat, Aged About 41 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Prakash Chandra Suthar S/o Lakshmi Lal Jat, Aged About 26 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Suresh Chandra Prajapat S/o Hajari Lal Jat, Aged About 32 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Shyam Lal Jat S/o Kishan Lal Jat, Aged About 26 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Puran Mal Meghwal S/o Goverdhan Lal Meghwal, Aged About 26 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Prakash Chandra Jat S/o Uday Lal Jat, Aged About 35 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Shanker Jat S/o Mathra Lal, Aged About 33 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Rameshwar Lal Jat S/o Kishan Lal Jat, Aged About 38 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Kalu Singh S/o Laxman Singh, Aged About 50 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Rameshwar Lal S/o Uday Lal Jat, Aged About 37 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Ganpat Singh S/o Pratap Singh, Aged About 38 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Kalu Ram Jat S/o Narayan Ji, Aged About 34 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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(2 of 3) [WCP-815/2023]

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[2023:RJ-JD:42371-DB]

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Kalu Lal S/o Udai Lal Prajapat, Aged About 28 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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Mangi Lal S/o Pratbhut Kumar, Aged About 59 Years, Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, Chittorgarh, Rajasthan.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Revenue Department, Government Of Rajasthan, Jaipur

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Aparna Arora, Principal Secretary, Revenue Department, Government Of Rajasthan, Jaipur

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Shri Arvind Kumar Poswal, District Collector, Chittorgarh. 4. Shri Gunwanti Lal Mali, Tehsildar, Bhadesar, District Chittorgarh.

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Shri Anuj Sharma, Sub Divisional Officer, District Chittorgarh.

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----Respondents

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For Petitioner(s)	: Mr. Jitendra Choudhary
For Respondent(s)	: Mr. Sunil Beniwal, AAG
	Mr. Kunal Upadhyay

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Judgment / Order

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06/12/2023

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This contempt petition is filed by the petitioners alleging that the order passed by this Court on 19.05.2022 in D.B. Civil Writ Petition No.7069/2022 has not been complied with.

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This court, vide order dated 19.05.2022, has disposed of the writ petition filed by the petitioners while directing the concerned Public Land Protection Cell (PLPC) to treat the writ petition filed by

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[2023:RJ-JD:42371-DB]

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[WCP-815/2023]

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(3 of 3)

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the petitioners as complaint and to take a decision on the said complaint within a period of four weeks.

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Compliance report is filed on behalf of the respondents, wherein it is stated that pursuant to the order passed by this Court, the PLPC has identified the encroachments made over the public place/land and notices under Section 91 of the Rajasthan Land Revenue Act, 1956 have been issued to the alleged encroachers and after providing opportunity of hearing to them, eviction orders have already been passed.

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It is submitted that on account of Assembly Elections, the encroachments have not been removed pursuant to the eviction order, however, as the Assembly Elections are over, the respondents will now remove the encroachments pursuant to the eviction orders expeditiously.

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In view of the above noted facts, we are of the view that substantial compliance of the order passed by this Court has been made and no further order is required to be passed in this contempt petition.

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Hence, this contempt petition is disposed of.

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Notices discharged.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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77-DivyaTak/-

Rameshwar Lal Jat v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rameshwar Lal Jat v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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