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2025 DAILYLAW 27530 (RAJ)

RANG LAL GURJAR SON OF SHRI DEVBAKAS GURJAR v. SHRI PRAKASH RAJPUROHIT

CCP/759/2024 · 2025-08-28

Avneesh Jhingan, Baljinder Singh Sandhu

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:34251-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 759/2024 Rang Lal Gurjar son of Shri Devbakas Gurjar, aged about 41 years, resident of Village Bhojpura Benada, Post Benada, Tehsil Bassi, District Jaipur (Raj.) 303301 ----Petitioner Versus 1. Shri Prakash Rajpurohit, District Collector, Collectorate Circle, Bani Park, Jaipur (Raj.). (transferred) 2. Dr. Jitendra Soni, District Collector, Collectorate Circle, Bani Park, Jaipur (Raj.) 3. State of Rajasthan through Pr. Secretary to Government, Revenue Department, Government of Rajasthan, Govt. Secretariat, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Ajay Gupta with Ms. Sampati Sharma For Respondent(s) : Mr. Manoj Kumar for Mr. G.S. Gill,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 20.12.2023. 2. The grievance raised by the petitioner in Public Interest Litigation was that respondent Nos.7 to 9 (in that petition) were running crushers without permission from appropriate authority. The petition was disposed of with direction to the respondents to constitute a committee and to take appropriate action as per law, if required. The petitioner was granted liberty to file fresh petition [2025:RJ-JP:34251-DB] (2 of 3) [CCP-759/2024] in the eventuality of illegal activities being carried out despite action taken by the authorities. The operative part of the order is reproduced below:- “The District Collector, Jaipur shall cause appropriate inquiry to be made on the allegations contained in the petition by constituting a Committee of senior officers in the mining department and revenue department to be headed by an officer not below the rank of Sub-Divisional Officer. The inquiry shall be completed and the report shall be obtained within a period of 45 days from the date of receipt of the copy of this order. Depending upon the said report, the appropriate action, if required under the law shall be taken. Respondent Nos. 7, 8 & 9 would be afforded an opportunity of hearing by the Committee constituted by the Collector, as directed above. In case, the petitioner’s grievance that still illegal activities are going on, despite action, if any, taken by the authorities, the petitioner would be at liberty to file fresh petition. Accordingly, the petition is disposed off.” 3. Learned counsel for the respondents relies upon the pleadings made in the reply dated 24.04.2025 wherein, it is pleaded that four stone crushers named therein have been bound down not to operate without permission of the competent authorities. Para four of the reply is reproduced below:- “That further, the District Collector Jaipur vide order dated 09.04.2025 constituted a team of Sub Divisional Officer, Bassi, Tehsildar Bassi and Mining Engineer, Jaipur for taking action as per rules against illegal mining and illegal operating of Crushers [2025:RJ-JP:34251-DB] (3 of 3) [CCP-759/2024] and to submit report. Pursuant to the order dated 09.04.2025, the Tehsildar Bassi vide letter dated 13.04.025 constituted a team of revenue staff with directions to submit factual position. The team so constituted alongwith Tehsildar and Mining Engineer went on the site on 13.04.2025 and on inspection it was found that in village Ghata on the abadi land of khasra No.252, within 1500 meter of abadi, four stone crushers are operating namely (1) R.B. Stone Crusher; (2) Ram Stone Crusher; (3) Balaji Impex Stone Crusher and (4) Bagda/Balaji Stone Crusher. Since these stone crushers are operating within the radius of 1500 meter of abadi, they were closed down and the operators were bound down not to operate the stone crushers in future without permission of the competent authority. A copy of the mauka report dated 13.04.2025 is submitted herewith and marked as Annexure R-4.” 4. Learned counsel for the petitioner submits that only paper work has been done by the respondents but at ground level the stone crushers are still operating specially during night time. 5. The situation arises that according to the respondents, the action required has been taken but the case of the petitioner is that illegal activity of running crusher is still continuing. 6. In view of the liberty granted to the petitioner to file fresh petition, this petition is disposed of with liberty to avail remedies in accordance with law. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J Simple Kumawat /05