Application seeking recall of order dismissing a contempt petition was dismissed. The court noted the absence of material on record substantiating the petitioner's claim of direct salary payment, rendering the application misconceived despite the petitioner's bare assertion.
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[2024:RJ-JP:27038]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 89/2024
In
S.B. Civil Contempt Petition No.531/2022
In
S.B. Civil writ Petition No.12386/2020
Harish Kumar Kumawat S/o Shri Om Prakash Kumawat, Aged About 26 Years, R/o Harsahay Ki Katla, Shahar Sawai Madhopur, District Sawai Madhopur, Rajasthan.
----Petitioner/Applicant
Versus
----Respondents
For Petitioner(s) : Mr. Neeraj Sharma for Mr. Sandeep Khandelwal For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
01/07/2024
This application has been filed seeking recalling of the order dated 16.10.2023 whereby, the contempt petition was dismissed.
Learned counsel for the applicant submits that since he was being paid salary directly by the respondent no.1-contemnor, Director, National Health Mission Swasthya Bhawan, this Court
[2024:RJ-JP:27038]
[CMAP-89/2024]
(2 of 2)
erred in dismissing the contempt petition. He, therefore, prays that the order dated 16.10.2023 be recalled and the contempt petition be allowed.
Heard. Considered.
The contempt petition was dismissed by this Court vide order dated 16.10.2023 inasmuch as it was an admitted position that there was no privity of contract in between the petitioner and the respondent-contemnor. Today also, except making a bald statement that he was being paid salary directly by the respondent no.1-Director, no material has been placed on record to substantiate the submission. Despite specific asking by this Court, learned counsel for the applicant submits that he does not have any material to substantiate his statement.
In view thereof, it is apparent that this application is misconceived and deserves to be dismissed.
Resultantly, this application is dismissed. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Sudha/125
1 issue framed by the court
Whether S.B. Civil Miscellaneous Application No. 89/2024 seeking recall of dismissal of contempt petition can be allowed in absence of material substantiating privity of contract.
Harish Kumar Kumawat
Jitendra Soni
Tejram Meena
Padam Singh
State Of Rajasthan
MAHENDAR KUMAR GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
