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2017 DIGILAW 288 (RAJ)

Gautam Chand Sand S/o Lum Chand v. Gourav Goyal

2017-01-24

SANDEEP MEHTA

body2017
JUDGMENT : SANDEEP MEHTA, J. 1. The instant contempt petition has been preferred by the petitioner seeking to prosecute the respondents for willful disobedience of order dated 19.12.2008 passed by this Court in S.B. Civil Writ Petition No.7397/2008. By the above order, the Court directed that until further orders, no registration of any document shall be made by the respondents in relation to the disputed land admeasuring about 20000 sq. meters located at Cox Kutir Jodhpur. It may be noted here that the petitioner herein is till date not a party in that writ petition though an impleadment application preferred on his behalf is reportedly pending consideration. 2. An appeal came to be preferred before the District Collector, Jodhpur against an order passed by the Sub Registrar on 18.11.1983 refusing to register two plots no.170 and 171 in favour of Smt. Bilam Kanwar and Sh. Prakash Mal Bhandari. In relation to the very same controversy, Smt. Gutiya Devi preferred a writ petition no.5537/1994 which was decided on 20.2.2008 directing the Sub Registrar, Jodhpur to register the exchange deed executed by the UIT, Jodhpur in favour of the respective lessees within a period of two months from the date of the said order. The Collector after considering the import of the above order dated 20.2.2008, went on to hold that the appeals preferred by the respective lessees had become in-fructuous as direction to register the exchange deeds had already been passed by the High Court while exercising the writ jurisdiction. Consequently, the Sub-Registrar was directed to take appropriate steps as per law. The Sub-Registrar thereafter, proceeded to register the exchange deed in terms of this Court's order dated 20.2.2008. 3. Having considered the entirety of the facts available on record, this Court is of the firm opinion that while deciding the appeals in the above terms, the respondent District Collector, Jodhpur did not willfully disobey this Court's order dated 19.12.2008 as he was acting on the judicial side and was bound to ensure compliance of the earlier order dated 20.2.2008 specifically directing the registration of the questioned exchange deeds. 4. It is relevant to mention here that this Court while passing the interim order dated 19.12.2008, directed that the record of writ petition no.5537/1994 decided on 20.2.2008 would be tagged along therewith. 4. It is relevant to mention here that this Court while passing the interim order dated 19.12.2008, directed that the record of writ petition no.5537/1994 decided on 20.2.2008 would be tagged along therewith. However, the effect of the order dated 20.2.2008 was not considered by this Court while passing the interim injunction dated 19.12.2008. Furthermore, the order dated 20.2.2008 which was earlier in point of time gave a specific mandate to the Sub-Registrar to register the two disputed documents. On the other hand the interim order dated 19.12.2008 provided a general injunction against registration of the documents in future. Thus, if the authorities followed the final order dated 20.2.2008 passed by this Court while exercising the writ jurisdiction; they cannot be held responsible for willful disobedience of a subsequent interim order of this Court. The authorities below acted in faithful compliance of the final order passed in writ petition no.5537/1994 while registering the documents in question and consequently, cannot be held liable for willful disobedience of the order dated 19.12.2008. 5. As a consequence of the above discussion, the contempt petition has no merit and is hereby dismissed. However, it is clarified that before making any further registrations in relation to the disputed chunk of land, the parties concerned shall seek permission of this Court by filing an appropriate application in writ petition no.7397/2008. Rule is discharged.