CMAP/109/2025 of NAGENDRA PAREEK SON OF SHRI BAJRANG LAL PAREEK, Vs SHRI QUMMER UL ZAMAN CHOUDHARY, on 22 July 2026

Order

22/07/2026 Per: Arun Monga, J. D.B. Civil Miscellaneous Application No. 109/2025

1. For the reasons stated in the application, the application for revival of the contempt petition is allowed. The contempt petition is restored to its original number. D.B. Civil Contempt Petition No. 207/2024

1. The petitioner has approached this Court alleging non-compliance of the order dated 20. 07. 2023 passed by the Co-ordinate Bench of this

(2 of 3) [CMAP-109/2025] Court vide which their writ petition was disposed of in the following terms:- "4. In that view of the matter, the writ petition stands disposed off, in view of the directions issued by the Division Bench in the matter of Jagdish Prashad Meena (supra) and the petitioner is at liberty to make a representation before PLPC and the respondents are directed to decide the same within a period of three months.

5. Considering that this petition has been disposed off at the motion stage, without issuing notice to the respondents, it is made clear that this Court has not commented upon the merits of the case, but only directed inquiry on the complaint as per the order passed in the case of Jagdish Prashad Meena (supra).

6. It is further directed that in the inquiry for removal of the encroachment, the persons, who are alleged to be encroachers, shall be afforded an opportunity of hearing."

2. Reply was filed to the contempt petition. For ready reference, the stand taken in the reply is reproduced hereinbelow: "II. That this Hon'ble Court vide order dated 20.7.2023 was pleased to dispose of the writ petition filed by the petitioner in the light of the order dated 30.1.2019 passed by the Hon'ble Court in the case of Jagdish Prashad Meena and others Vs. State of Rajasthan and others D.B. Civil Writ Petition (PIL) No.10819/2018 with directions to enquire into the complaint as per order passed in the case of Jagdish Prasad Meena (supra). The Hon'ble Court further directed that in the inquiry for removal of the encroachment, the persons, whoa re alleged to be encroachers, shall be afforded an opportunity of hearing. In compliance of the order dated 20.7.2023 passed by the Hon'ble Court, on the representation of the petitioner, the matter was registered in the PLPC on 13.10.2023. Further, a team of revenue staff was constituted and on the report submitted by the revenue team, the illegal encroachers over the Government land of khasra No. 1096, 1098, 1099 and 1100, in all 57 cases were registered under section 91 of the Rajasthan Land Revenue Act and after hearing, the court of Tehsildar passed orders of their dispossession with directions to the revenue team to remove these illegal encroachers.

III. That the revenue team so constituted was further directed to submit survey report of temporary and permanent encroachments over the land of khasra No.1096, 1098, 1099 and 1100. Pursuant thereto, the revenue team after conducting survey, submitted survey report, a copy whereof is enclosed herewith and marked That after receipt of the survey report, the Tehsildar, Khandela, District Sikar vide letter dated 4.7.2024 directed the revenue team to remove the illegal encroachments from the Government land and 10.7.2024 was fixed as the date for removal of encroachment after taking sufficient resources from the Gram panchayat and police jabta. V. That the revenue team with the help of resources made available by the Gram Panchayat, in the presence of police jabta on 10.7.2024 removed all the temporary encroachments of about 17 encroachers and got about 0.1250 hectare Government land free from encroachment. However, during removal of pucca construction which include residential houses of some encroachers, there was great resistance as removal of such pucca residential houses would result in rendering these encroachers homeless and as such the same could not be removed.

VI. That the matter was further considered in the PLPC in its meeting held on 24.7.2024 and in view of removal of all temporary

(3 of 3) [CMAP-109/2025] encroachments on 10.7.2024, the same has been dropped vide with directions to the decide the cases relating to permanent encroachments after conducting detailed survey with regard to their financial and social status and providing them proper opportunity of hearing as directed by this Hon'ble Court. "

3. The aforesaid contents of the reply have not been controverted by the petitioner, as no further affidavit and/or rejoinder has been filed. We do not consider this to be a case of violation or non-compliance of the order dated 20.07.2023 passed by this Court, whether deliberate or otherwise.

4. Therefore, no further proceedings are warranted before this Court. The contempt petition is accordingly disposed of.

5. However, in the parting, we would like to observe that it is expected that the respondents/contemners shall remain bound by the contents of the reply, as reproduced hereinabove, and continue to take appropriate action, in accordance with law.

6. However, insofar as contemners Nos. 1 and 2 are concerned, they shall not be bound by any observation made by this Court, as they are stated to no longer be holding the offices which they were occupying at the relevant point of time.

7. With the aforesaid observations, the contempt petition stands disposed of and contempt notices stand discharged. (ASHUTOSH KUMAR),J (ARUN MONGA),J 6/RACHNA