JUDGMENT 1. - Heard learned counsel for the parties. 2. In S.B. Civil Writ Petition No. 720/22000. Hari Kishan Vishnoi v. State , this Court vide order dated 24.3.2000, after hearing the petitioner, directed to issue notice for final hearing to the non-petitioner. Meanwhile, it was directed that no recovery be made from the petitioner in pursuance of the impugned order dated 22.1.2000. Subsequently, another order dated 26.8.2000 was also passed in exparte by which it was directed that status-quo in relation to the construction be maintained till further orders. Learned counsel for the petitioner submits that non-petitioners No. 1 and 2 viz. Shri Jagmal Ram Vishnoi Sarpanch Gram Panchayat and Kailash Chand Meena Vikas Adhikari, have not complied with these orders and, therefore, have committed contempt of this Court. 3. The perusal of the record indicates that Rs. 90,000/- were given to the petitioner who was Sarpanch of Gram Panchayat Siwada for construction of Sub Health Centre, Rajawato Ka Golia. The controversy arose as to the site on which the Sub Centre was to be constructed as to whether it was to be constructed in khasra No. 174 or khasra No. 251 (New) or (old) No. 346. However, the DRDA, Jalore issued permissions for constructing Sub Health Centre in khasra No. 251, for which there was no direct way, therefore the present petitioner who was a sitting Sarpanch applied that the permission be given in khasra No. 174 though subsequently much correspondence was undertaken, however, the DRDA has not issued any order for changing construction of the Sub Centre from 251 to 174. Meanwhile, the Sarpanch started construction of the Sub Centre in khasra No. 174 and constructed the Sub Centre at plinth level. Further construction was stopped by the order of the DRDA. 4. The merits of the Sub Centre is to be decided in Writ Petition No. 720/2000 (supra). This Court is to see only whether the orders dated 24.3.2000 and 26.9.2000 have been flouted by the non-petitioners or not. By order dated 21.3.2000 it was directed that notice be issued for final hearing to the non-petitioner, meanwhile no recovery be made form the petitioner. Similarly, by order dated 26.9.2000 status-quo in relation to the construction was maintained till further orders. Learned counsel for the petitioner could not indicate that these orders have been flouted by the non-petitioners.
By order dated 21.3.2000 it was directed that notice be issued for final hearing to the non-petitioner, meanwhile no recovery be made form the petitioner. Similarly, by order dated 26.9.2000 status-quo in relation to the construction was maintained till further orders. Learned counsel for the petitioner could not indicate that these orders have been flouted by the non-petitioners. It is submitted that the amount which was invested by the petitioner as Sarpanch of the Gram Panchayat in the construction of Sub Centre have not been released to him. In pursuance of the order dated 24.3.2000 of this Court Anx. 1 dated 12.5.2000 was issued by the Panchayat Samiti, Sanchore that no amount be recovered from Rs. 90,000/- issued to Hari Kishan Vishnoi. Similarly, after the order dated 26.9.2000 no further constructions were continued because vide Anx. C/2 dated 10.9.2000 the Secretary, Gram Panchayat has informed the Panchayat Samiti Sanchore that in khasra No. 251 construction of the Sub Centre has been completed. No an iota of evidence is available on the file that either recovery has been made from the petitioner or construction of Sub Centre has been continued after 26.9.2000. 5. Consequently, there is no merit in this petition and the same stands dismissed.Contempt Petition dismissed. *******