Rajasthan High Court - Jodhpur
Union Of India vs State Of Rajasthan on 1 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 132/2022
Union Of India, Through Station Commander, Udaipur Army
Station, Eklinggarh Chhawani, Udaipur.
----Petitioner
Versus
1. Sh. Kunji Lal Meena, Principal Secretary, Department Of
Urban Development And Housing, Govt. Of Rajasthan,
Govt. Secretariat, Jaipur
2. Sh. Himmat Singh Barhath, Commissioner, Nagar Nigam
Udaipur, Nagar Nigam Circle Udaipur
3. Smt. Sangeeta Devi, 71A, Shikarbadi Colony,
Goverdhanvilas, Udaipur
4. Smt. Suman Devi Agarwal, 72A, Shikarbadi Colony,
Goverdhanvilas, Udaipur
5. Sh. Shail Singh, Station House Officer Sho, Police Station
Goverdhanvilas, Service Road, Nh8, Udaipur
6. State Of Rajasthan, Through Principal Secretary,
Department Of Urban Development And Housing, Govt.
Of Rajasthan, Government Secretariat, Jaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 17080/2021
Union Of India, Commander, Udaipur Army Station, Eklinggarh
Chhawani, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Urban Development And Housing, Govt. Of Rajasthan,
Government Secretariat, Jaipur.
2. Commissioner, Nagar Nigam Udaipur, Nagar Nigam Circle,
Udaipur.
3. Smt. Sangeeta Devi, 71A, Shikarbadi Colony, Goverdhan
Vilas, Udaipur (Rajasthan).
4. Smt. Suman Devi Agarwal, 72A, Shikarbadi Colony,
Goverdhan Vilas, Udaipur (Rajasthan).
----Respondents
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(2 of 7) [WCP-132/2022]
For Petitioner(s) : Mr. R.D. Rastogi, Sr. Advocate,
assisted by Mr. Chandra Shekhar
Sinha.
Mr. B.P. Bohra.
Mr. Pooshan
For Respondent(s) : Mr. Anand Purohit, Sr. Advocate,
assisted by Mr. Mayank Roy.
Mr. Rajesh Joshi, Sr. Advocate,
assisted by Mr. Narendra Thanvi.
Mr. Manish Vyas, AAG.
Mr. Kailash Choudhary.
Mr. Anurag Shukla
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 01/12/2023 The present contempt petition has been filed by the petitioner- Union of India alleging inter alia that the respondents no. 3 and 4 are carrying out construction work at Plot No. 71- A and 72-A, Shikarbadi Colony, Goverdhan vilas, Udaipur (hereinafter as "disputed premises") in flagrant violation of the interim order dated 09.12.2021 passed by this Court.
The relevant portion of the interim order dated 09.12.2021 passed in S.B. CWP No. 17080/2021 Union of India vs State of Rajasthan and Ors. reads as under:
"6. Having regard to the facts narrated hereinabove, this Court is of the prima-facie opinion that the construction being raised by respondent No.3 & 4 cannot continue but for collusion with the Officers of Nagar Nigam.
7. Issue notice. Issue notice of stay application also, returnable within six weeks.(Downloaded on 01/12/2023 at 08:55:09 PM)
(3 of 7) [WCP-132/2022]
8. Meanwhile, respondent No.3 & 4 shall
maintain status quo in relation to the construction in question.
9. It will be required of the Station House Officer of the area concerned to ensure that the construction at plot No.71A and 72A, Shikarbadi Colony, Goverdhan Vilas, Udaipur is stopped forthwith. The SHO, concerned shall take photographs of the construction as on the date and send the same to the Registrar of this Court, which in turn shall be kept on record of this Case."
Having considered the arguments advanced by learned Additional Solicitor General of India representing the Union of India, while issuing notices to the respondents of the present contempt petition, this Court directed the Chief Judicial Magistrate, Udaipur to seize the disputed premises owned by the respondent Nos.3 & 4 and stop impugned construction being carried out there by the respondents. The relevant portion of the order dated 04.02.2022 is reproduced below for ready reference:
"4. Having regard to the submissions so made and considering the averments made in para No.6 of the contempt petition, let notices be issued to the respondents, returnable within six weeks.
5. In the facts of the present case, the Chief Judicial Magistrate, Udaipur is hereby, directed to forthwith seize the premises and stop impugned construction being carried out at plot No.71A and 72A, Shikarbadi Colony, Goverdhan Vilas, Udaipur on the plots owned by respondent No.3 & 4."
The Chief Judicial Magistrate, Udaipur in compliance of the Court's order dated 04.02.2022 has seized the disputed premises i.e. Plot No. 71-A and 72-A, Shikarbadi Colony, Goverdhanvilas, (Downloaded on 01/12/2023 at 08:55:09 PM) (4 of 7) [WCP-132/2022] Udaipur and forwarded a factual report dated 05.02.2022 which reads as under:
"fnukad % 05-02-2022 ekuuh; jktLFkku mPp U;k;ky; tksèkiqj esa yfEcr ,lch fjV daVsEIV ua 132@2022 esa fnukad 04-02-2022 dks ikfjr vkns'k dh vuqikyuk esa jftLVªkj T;wfMf'k;y ekuuh; jktLFkku mPp U;k;ky;] tksèkiqj ds }kjk tkjh i= Øekad 1724 @ 05-02-2022 ds vuqlj.k esa vkt fnukad dks IykV ua 71 , ,oa 72 , f'kdkjckMh dksyksuh xksoèkZu foykl mn;iqj ds ifjljksa dks lht djus ,oa ikfjr vkns'k dh vuqikyuk esa dk;Zokgh dh xbZA vkns'k esa of.kZr fookfnr nksuksa IykV ifjljksa dks çkFkÊ i{k LVs'ku dekaMj mn;iqj vkehZ LVs'ku ,dfyaxx<+ Nkouh] mn;iqj dh vksj ls mifLFkr Jh Qk#[k vadys'kfj;k] duZy] LVkQ vkfQlj ¼ySaM½ us viuh fu'kkunsgh ls igpku fd;kA ekSds ij y{e.k eh.kk iq= oslkth- fuoklh pksjkbZ rglhy _"kHknso] mn;iqj crkSj pkSdhnkj mifLFkr feyk] mlh le; Jh dSyk'k vxzoky ekSds ij mifLFkr vk,] ftUgksaus Lo;a dks çR;FkÊ la[;k 4 dk ifr ,oa çR;Fkh la[;k 3 ds ifr dk HkkbZ gksuk crk;kA nkSjkus dk;Zokgh fuEu eksrchjku mifLFkr gSa & 1- Jh lkxj lezkV] lgk;d ukftj] ftyk ,oa lS'ku U;k;ky;] mn;iqj 2- Jh vYykuwj eksgEen flaèkh] lsy vehu] ftyk ,oa lS'ku U;k;ky;] mn;iqj 3- Jh pSy flag] Fkkukfèkdkjh] iqfyl Fkkuk xksoèkZu foykl] mn;iqj mä rhuksa eksrchjku] vèkksgLrk{kjdrkZ ,oa Jh dSyk'k vxzoky dh mifLFkfr esa fookfnr nksuksa IyksVksa o ifjlj dks ns[kk x;kA fookfnr IyksVksa ij nks eaftyk ifjlj fufeZr gSA fookfnr ifjljksa ds vanj ds dqN njokts yxs gq, gSa] dqN yxs gq, ugha gSa] fookfnr IykV ifjljksa ds dqy 6 ckgjh ços'k }kj ¼3&3 çR;sd IykV ifjlj ds½ yxs gq, gSaA mä fookfnr IyksVksa esa j[ks lkeku dh i`Fkd ls lwph@ bUosaVªh cukbZ xbZ tks fd vuqlwph Øekad 01 vkSj 02 gS] ftls layXu fd;k tk jgk gSA nksuksa fookfnr IykV ifjljksa esa vR;fèkd ek=k esa QuÊpj] lsusVªh] fo|qr lacaèkh lkeku [kqyh voLFkk esa iM+k gqvk gS lkFk gh nksuksa IyksVksa dh fufeZr LFkkbZ ckgjh ckmaMªh ds Hkhrj ds fufeZr ifjlj ds njokts ,oa f[kMdh;k [kqyh fLFkfr esa gSA vr% nksuksa fookfnr IykVksa 71 , o 72 , ds ckgjh o vkarfjd {ks=ksa dh QksVksxzkQh ,oa foLr`r ohfM;ksxzkQh Hkh djokbZ xbZA IykV la[;k 72, esa dqy 09 dejs rkyk can fLFkfr esa Fks] ftUgsa [kqyokdj muds Hkhrj dh ohfM;ksxzkQh Hkh djokbZ xbZA mä can dejksa esa fuekZ.k lkexzh ds lkeku j[ks gq, FksA mä can dejksa dks U;k;ky; dh lhy ls lhyfpV fd;k x;kA nksuksa IykV ifjljksa ds dqy ckgjh 6 ços'k }kjksa ¼çR;sd IykV ifjlj ds 3&3½ ij lhtj dh çfØ;k ds rgr rkys yxok;s x, ,oa lhyfpV fd;k x;kA mä QksVksxzkQh] ohfM;ksxzkQh] lhyfpV ,oa lwph @ bUosaVªh fuekZ.k dh dk;Zokgh mifLFkr Jh dSyk'k vxzoky dh mifLFkfr esa dh xbZA ekuuh; jktLFkku mPp U;k;ky;] tksèkiqj ds vkns'k fnukafdr 04-02-2022 dh vuqikyukFkZ mifLFkr Jh dSyk'k vxzoky dks funZsf'kr fd;k x;k fd (Downloaded on 01/12/2023 at 08:55:09 PM) (5 of 7) [WCP-132/2022] nksuks fookfnr IyksVksa ij fuekZ.k dk;Z u fd;k tkosA rnvuqlkj lhtj dk;Zokgh iw.kZ dh xbZA"
Drawing attention of the Court towards various documents and photographs of the disputed premises, learned Additional Solicitor General of India vehemently submitted that despite interim order dated 09.12.2021 directing respondent no. 3 and 4 to maintain status quo in relation to construction in question, the construction was not stopped and further raised with an intent to change the nature of the property. It was urged that even the officials of Nagar Nigam and Police Force of Udaipur District did not ensure compliance of the order dated 09.12.2021, rather they supported respondent no. 3 and 4 in continuing with their illegal activities of construction at the disputed premises. It was thus prayed that the respondent- contemnors may be suitably punished for willful and deliberate non-compliance of interim order dated 09.12.2021.
Per contra, learned counsel for the respondent no. 3 and 4 submitted that construction activities at disputed premises were stopped immediately on receiving copy of the order dated 09.12.2021. Learned counsel submitted that in compliance of interim order dated 09.12.2021, the SHO of concerned police station visited the site and took photographs of the construction undertaken, which is sufficient to show that no further construction activity has taken place after passing of interim order dated 09.12.2021. It was urged that respondents have already moved an application under Article 226(3) of the Constitution of India seeking vacation of the interim order dated 09.12.2021. However, since the record of SBCWP No. 17080/2021 (Union of (Downloaded on 01/12/2023 at 08:55:09 PM) (6 of 7) [WCP-132/2022] India and Ors. vs. State of Rajasthan and Ors.) has been attached with the present contempt petition, the same could not be listed for orders before the appropriate bench of the Court.
Lastly, learned counsel submitted that since construction activities at the disputed premises were stopped immediately after receiving of copy of the order dated 09.12.2021, the respondent no. 3 and 4 cannot be held guilty of willful and deliberate non- compliance of interim order dated 09.12.2021 and therefore, the present contempt petition deserves to be dismissed being devoid of merit.
Heard.
This Court prima facie finds that no photograph depicting status of the construction already raised by the respondents as on the date of the passing of the interim order dated 09.12.2021 is available on record. The factual reports submitted in SBCWP No. 17080/2021 (Union of India Vs. State of Rajasthan and Ors.) submitted by SHO, PS Goverdhan vilas, Udaipur dated 28.12.2021 and by the Chief Judicial Magistrate, Udaipur dated 05.02.2022 also do not conclusively indicate the status of the construction which had been raised by the respondent no. 3 and 4 as on 09.12.2021. This Court is of the firm opinion, that merely on the basis of certain photographs placed on record by the petitioner or by reading various documents attached with the contempt petition, no conclusion with regard to construction being raised after passing of the interim order dated 09.12.2021 can be drawn with certainty. Thus, this Court is not inclined to continue contempt proceedings against the respondents-contemnors. The contempt proceedings are therefore dropped. (Downloaded on 01/12/2023 at 08:55:09 PM)
(7 of 7) [WCP-132/2022] However, keeping in view, the nature of the dispute involved in the present contempt petition and the claims and counter claims at hand with regard to status of the construction being carried out on the disputed premises as on 09.12.2021, this Court with a view to avoid further complications in the matter deems it just and proper to continue the order dated 04.02.2022 passed in the present contempt petition, so far it pertains to directing the Chief Judicial Magistrate, Udaipur to seize the disputed premises and stop any construction at the disputed premises, till the application filed by the respondent no. 3 and 4 under Article 226(3) of the Constitution of India is heard by an appropriate bench of this Court and appropriate orders thereupon are passed.
The registry is directed to place copy of this order along with copy of the order dated 04.02.2022 passed by this Court, in the record of SBCWP No. 17080/2021 (Union of India vs. State of Rajasthan and Ors.) and list the same before an appropriate bench as per the roster assigned at the earliest.
The present contempt petition and all pending applications are disposed of.
(KULDEEP MATHUR),J Prashant/-
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