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2025 DAILYLAW 23813 (RAJ)

SMT. SUSMA ARORA, ADDL. COLLECTOR v. SHVI SHANKAR DARBARI S/O SHRI L.S. DARBARI

CMA/4415/2024 · 2025-07-23

Avneesh Jhingan, Bhuwan Goyal

Contempt Petitionbody2025

Judgment text

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[2025:RJ-JP:27509-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 4415/2024 In S.B. Civil Contempt Petition No.1072/2016 1. Smt. Susma Arora, Addl. Collector, (Stamps), Collectorate, Bani Park, Jaipur. 2. Addl. Collector (Stamps), Collectorate, Bani Park, Jaipur. ----Appellants Versus Shiv Shankar Darbari S/o Shri L.s. Darbari, Aged About 79 Years, R/o A-1/23, Azad Apartments, Shri Arvind Marg, Hauz Khas, New Delhi. ----Respondent For Appellant(s) : None For Respondent(s) : HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 23/07/2025 1. This is an appeal against the order dated 19.07.2023 passed in S.B. Civil Contempt Petition No.1072/2016, wherein following order was passed:- “Admitting that in pursuance of judgment dated 27.11.2013 passed by Additional District Collector (Stamps) Jaipur, a sum of Rs.17,40,000/- has been realized from the petitioner against the direction issued by this Court vide order dated 21.02.2002, learned Senior Counsel for the respondents prays for and is granted three weeks’ time to ensure refund of the amount alongwith interest @ 9% per annum from the date of realization till payment. List the matter on 10.08.2023, as prayed. In view of the aforesaid, on the oral request of learned Senior Counsel for the respondents, the requirement of filing of an affidavit of the [2025:RJ-JP:27509-DB] (2 of 2) [CMA-4415/2024] Inspector General (Stamps), Rajasthan, is exempted.” 2. The appellants have filed this appeal aggrieved of the direction to refund the amount of Rs.17,40,000/- along with interest @ 9% per annum from the date of realization till payment. 3. The order was passed by the learned Single Judge taking into consideration that the respondents (appellants in the present case) had realized the amount inspite of direction of this Court dated 21.02.2002. It would be relevant to note that it was on the request of counsel appearing for the appellants (respondents in that case), time was granted for ensuring refund along with interest. 4. None has put in appearance today on behalf of appellants inspite of two pass-overs. 5. Taking the status of S.B. Civil Contempt Petition No.1072/2016, it is forthcoming that on 24.08.2023, the contempt petition was disposed of as having rendered infructuous and the notices were discharged. 6. In view of the fact that the impugned order has already been complied with by the appellants, no cause of action survives for pursuing the present appeal. 7. The appeal is disposed of accordingly. 8. The appellants shall be at liberty to move an appropriate application for revival of the appeal, in case cause of action still survives. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J PAYAL DHAWAN /36