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2011 DIGILAW 1675 (RAJ)

Shankar Lal v. Sub Divisional Magistrate, Lalsot, Distt. Dausa

2011-08-10

NARENDRA KUMAR JAIN

body2011
JUDGMENT 1. - At the request of the parties, arguments were heard and the writ petition is being disposed off finally. 2. Petitioner has preferred this writ petition to issue necessary direction to respondent No.1- Sub Divisional Magistrate, Lalsot to decide his application for contempt, which is pending for last 13 years, at an early date. 3. From the pleadings of parties, it appears that petitioner filed a suit for permanent injunction against respondent Nos.2 to 5 in respect of disputed land, which was decreed on 30.11.1991 and thereafter appeal filed by respondent Nos. 2 to 5 was also dismissed by the Revenue Appellate Authority on 19.12.1994. Respondent Nos. 2 to 5 again preferred Second Appeal No.30/1995 before the Revenue Board, but the same was also dismissed. Since order was not complied with by the respondents, therefore, petitioner filed a contempt petition before the respondent No.1 on 05.09.1998, wherein notice was issued to respondents, but for one reason or other, case is being adjourned and the same has not been disposed off, finally. 4. Respondent No.2 has filed written reply to the writ petition and in para(ii) of the grounds, it has been mentioned that respondent Nos.2 to 5 filed a review petition against the judgment passed by the Revenue Board in Second Appeal No.30/1995 and judgments passed by both the Courts below have been set aside and the said judgment is last and final. 5. Learned counsel for petitioner submitted that respondent has not annexed any copy of the judgment passed in review petition, he has not even given the number of review petition and the date of judgment and the said fact is not correct, otherwise his contempt petition would have been dismissed till now, therefore, necessary direction may be given to respondent No.1 to decide the contempt petition. 6. Both the parties are not in a position to show the order passed in review petition. 7. 6. Both the parties are not in a position to show the order passed in review petition. 7. Be that as it may, if the order of Revenue Board passed in Second Appeal No.30/1995 has been reviewed and orders passed by both the authorities i.e. Sub Divisional Magistrate and Revenue Appellate Authority have been set aside, then contempt petition should have been dismissed and in case, order of Revenue Board passed in Second Appeal No.30/1995 exists, then contempt petition should be disposed off on merits within a period of six months from the date of production of certified copy of this order. 8. With the aforesaid observations and directions, the writ petition stands disposed off.Petition Allowed. *******