Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 17396 (RAJ)

BHARAT SINGH HADA S/O SHRI KANHAIYA LAL HADA v. SMT. SOMYA JHA

CCP/259/2025 · 2026-01-15

Sandeep Taneja, Sudesh Bansal

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:1524-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 259/2025 In D.B. Civil Writ Petition (PIL) No. 613/2024 Bharat Singh Hada S/o Shri Kanhaiya Lal Hada, Aged About 55 Years, R/o Village And Post Khareda, Tehsil Todaraisingh, District Tonk, Rajasthan. ----Petitioner Versus 1. Smt. Somya Jha, District Collector Tonk, (Rajasthan). 2. Shri Rahul Pareek, Tehsildar, Tehsil Todaraisingh, Tonk. 3. State Of Rajasthan, Through Chief Secretary Govt. Of Rajasthan Secretariat, Jaipur. ----Respondents For Petitioner(s) : Ms. Priyanka Chouhan for Mr. Rakesh Kumar For Respondent(s) : Ms. Shikha Sharma for Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE SANDEEP TANEJA Order 15/01/2026 1. By means of filing instant Civil Contempt Petition, disobedience of final order dated 17.01.2024 passed in DB Civil Writ Petition (PIL) No.613/2024 has been alleged. For ready reference, the final order dated 17.01.2024 is being reproduced hereunder:- “1. Heard. 2. Taking into consideration the submission of learned counsel for the petitioner that pasture land and catchment area have been encraoched and no action has been taken by Public Land Protection Cell, we grant liberty to the petitioner to approach the Tehsildar, Tehsil Todaraisingh, District Tonk by moving appropriate application under Section 91 of the Rajasthan Land Revenue Act, 1956. 3. On such application made before the concerned Tehsildar, the Tehsildar shall initiate proceedings, if not [2026:RJ-JP:1524-DB] (2 of 2) [CCP-259/2025] already initiated and conclude the same as early as possible, of course, after giving opportunity of hearing to those who are alleged to be encroachers. The proceedings shall be brought to their logical conclusion one way or the other as early as possible, preferably within a period of four months. 4. This petition is, accordingly, disposed off.” 2. On behalf of respondents, reply to the contempt petition so also compliance report dated 22.12.2025 has been filed, pointing out that notices under Section 91 of the Rajasthan Land Revenue Act, 1956 were issued against as many as 176 persons, and their encroachment have been removed, except encroachment of pakka construction of residential houses. It has been pointed out that the residential houses are situated since about five decades and a proposal for extension of abadi in pasture land, has been sent to the Sub-Divisional Officer, Tonk, which is under consideration. 3. Taking into consideration the reply and compliance report, We do not find any disobedience much less willful disobedience on the part of Tehsildar, for not complying with the order dated 17.01.2024. It is trite law that disobedience of the order may not be construed for execution of the orders passed under Section 91 of the Rajasthan Land Revenue Act, 1956. 4. In view of the above, present contempt proceedings are dropped and the contempt petition is hereby dismissed. Notices of contempt stand discharged accordingly. 5. Pending application(s), if any, stand(s) disposed of. (SANDEEP TANEJA),J (SUDESH BANSAL),J Sachin Sharma/S-20