Rajasthan High Court - Jaipur
Rang Lal And Ors vs Shri Mahaveer Prasad Sharma on 19 December, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Contempt Petition No.1432/2016
1. Rang Lal S/o Shri Ram Nath, R/o Village & Post Deoli, Tehsil
Deoli, Distt. Tonk
2. Jagdish S/o Shri Pratap, Village & Post Deoli, Tehsil Deoli, Distt.
Tonk ----Petitioners
Versus
1. Shri Mahaveer Prasad Sharma, District Collector, Bhilwara
2.Shri Subhey Singh Yadav, District Collector, Tonk.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr.S.P. Mathur.
For Respondent(s) : Mr.D.V. Tholia, AAG, Mr.Subhey Singh Yadav, District Collector, present in person.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 19/12/2017 Contempt of the order dated 25.04.2016 is alleged in this petition. Therein this court directed as under:-
(a) The petitioners shall file afresh application--
before the Sub-Divisional Magistrate, Deoli, District Tonk detailing the names of the persons who are in illegal occupation on the houses constructed by the petitioners over the plots allotted to them by the State Government.
(b) After submission of list by the petitioners, the District Magistrate/Collector shall take a conscious decision whether the persons who are illegally occupying the houses of the petitioners are to be rehabilitated at the alternative sit or they are to be evicted by following the due process of law.
(c) The District Magistrate/Collector shall take a decision in view of directions issued above, within three months from the date of receipt of copy of the application.
The case of the petitioners is that despite the order dated 25.04.2016 requiring that it be complied within three months, compliance therein was made only on 22.07.2017 and only on paper. It has been submitted that the petitioners have not been put in actual physical possession of the flat allotted to them. Their (2 of 3) [CCP-1432/2016] signatures as to being put in possession have been obtained under coercion entailing a sham of the compliance of the order dated 25.04.2016. Resultantly, actual compliance with the order dated 25.04.2016 not having been made in the letter and spirit, the contemnors' be punished for contempt of the court's order under Section 12 of the Contempt of Court Act, 1971.
The District Collector, Tonk Mr.Subhey Singh Yadav was required to be present in court. He has appeared with Mr.D.V. Tholia, AAG, Mr.Tholia on instructions submitted that allotments were made free of cost to the members of Scheduled Caste/Scheduled Tribe in the year 1974 and the possession given. Thereafter the petitioners' case set up in 2013 in SBCWP No.7794/2013 titled Rang Lal & Others Vs. State of Rajasthan & Others was that they were dispossessed in the year 2004 by those who were displaced victims of floods that year. On consideration of the matter the court passed the order dated 25.04.2016.
It has been submitted that in pursuance to the said order, the petitioners were put in possession on 22.07.2017, as evidenced by a memorandum of possession under their signatures. That entailed compliance with this court's order dated 25.04.2016. It has been submitted that despite having been put in actual possession, the petitioners now falsely claim that they were not actually so and disavow their own signatures. That should not be countenanced, it was submitted. If at all the petitioners have again been dispossessed, they are free to take their remedy against those who have contravened their rights but that cannot make out a contempt of the court's order as alleged. It has been (3 of 3) [CCP-1432/2016] submitted that the alleged encroachers are extremely poor daily wages labourers and allegation of their political influence working to their advantage are palpably false.
Having heard the counsel for the petitioner and Mr.D.V. Tholia, AAG appearing for the respondent-contemnors. I find that no case of willful disobedience of the directions of this court passed on 25.04.2016 is made out. The contemnors are resultantly discharged and the contempt petition is dismissed.
The petitioners however shall be free to take their remedies as otherwise available in law qua their alleged aggrievement of being dispossessed from their property.
(ALOK SHARMA) J.
Karan/154