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2025 DAILYLAW 26374 (RAJ)

RAM SWAROOP MEENA S/O SHRI GOVINDRAM MEENA v. SUDHANSHU PANT, CHIEF SECRETARY

CCP/722/2024 · 2025-08-22

Avneesh Jhingan, Baljinder Singh Sandhu

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:34282-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No.722/2024 IN D.B. Civil (PIL) Writ Petition No.5806/2024 Ram Swaroop Meena S/o Shri Govindram Meena, Aged About 70 Years, R/o Gharali Kothi Ki Dhani, Kushalpura, Beechha, Dausa Rajasthan PIN CODE 303510 ----Petitioner Versus 1. Sudhanshu Pant, Chief Secretary, State of Rajasthan, Secretariat, Janpath, Jaipur. 2. State of Rajasthan, Through Its Chief Secretary Secretariat, Janpath Jaipur. 3. Amitesh Meena, Tehsildar, Tehsil Lalsot, District Dausa. 4. Balabaksh Meena, Executive Engineer, Public Works Department, Lalsot Division, District Dausa (Raj.). ----Respondents/Contemnors For Petitioner(s) : Mr. Malkhan Chaturvedi For Respondent(s) : Mr. Manoj Kumar for Mr. G.S. Gill, AAG Mr. Sankalp Vijay for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 28/08/2025 1. This contempt petition is filed pleading willful disobedience of order dated 22.05.2024 passed by this Court. The order passed is reproduced below:- “This PIL has been filed by the petitioner alleging encroachment on the State Highway No.24, Bhadoti Lalsot Tunga Bassi Road at km 49.00. We find that number of representations have been made. In the petition, it has been alleged [2025:RJ-JP:34282-DB] (2 of 3) [CCP-722/2024] that despite representations, encroachment has not been removed. Whether there is encroachment or not is a matter for consideration for the competent authorities. In case, where such complaints are made, those complaints are required to be properly examined, spot inquiry and spot inspection made and if encroachment found, it should be immediately removed. Tehsildar, Tehsil Lalsot is directed to examine the complaint made by the petitioner and hold spot inspection, carry out measurement. The Executive Engineer, Public Works Department, Lalsot shall depute an Engineer, who shall provide proper assistance to Tehsildar, Tehsil Lalsot in order to carry out necessary measurement to verify the complaint made by the petitioner. This entire exercise shall be concluded within a period of thirty days from the date of receipt of the copy of the order in the office of Tehsildar, Tehsil Lalsot. If any encroachment is found on the public road, Tehsildar shall do well to remove the same immediately. We make it clear that this is not a declaration of any encroachment by private respondents as such. We have only directed for holding a proper inquiry at the spot. The Tehsildar, Tehsil Lalsot shall give due notice to respondents Nos.8 & 9 before passing any order. The writ petition is disposed of.” 2. On issuance of notice, respondent Nos.3 and 4 took different stand with regard to width of the road. On 22.05.2025 the District Collector, Dausa was directed to look into the matter and submit an affidavit showing the width of the road i.e. State Highway No.24 Bhatodi Lalsot Tunga Bassi road and to submit the status report with regard to removal of encroachments. 3. In pursuance of the order dated 22.05.2025, the affidavit of Shri Devendra Kumar, District Collector and District Magistrate, Dausa was filed. As per the affidavit, a committee was constituted headed by Additional District Collector, Lalsot. [2025:RJ-JP:34282-DB] (3 of 3) [CCP-722/2024] 4. The committee submitted a report dated 24.06.2025 stating that land in dispute is of private khatedari and no acquisition proceedings are taken for this land. Further that width of the road on the disputed place that is Bais Meel Didwana is ten meters and presently there is no encroachment of permanent nature. 5. In view of affidavit filed, no further order is called for. 6. At this stage, learned counsel for the petitioner seeks liberty to avail remedies in accordance with law for redressal of the grievance, including filing of the writ petition. 7. The contempt petition is disposed of with liberty as prayed for. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J DANISH USMANI /07