PAWAN GURJAR S/O RAMNIWAS GURJAR v. THE STATE OF RAJASTHAN,
CMAP/49/2025 · 2026-03-27
Anand Sharma
Transfer Petitionbody2026
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[ 2026 DAILYLAW 1797 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 1797 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:12984] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 49/2025 IN S.B. Civil Contempt Petition No. 357/2022 IN S.B. Civil Writ Petition No. 678/2022 Pawan Gurjar S/o Ramniwas Gurjar, Aged About 28 Years, R/o Banari, Bhuri- Bharaj, Tehsil Kotputli, District Jaipur, Rajasthan. ----Petitioner Versus
1. The State Of Rajasthan, Through Its Additional Principal Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Dr. Joga Ram, Additional Principal Secretary Cum Secretary, Local Self Government Department, Govt. Of Rajasthan, Secretariat, Jaipur.
3. Hridesh Kumar Sharma, Director And Joint Secretary, Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme Near Civil Line Phatak, Jaipur-16, Rajasthan.
4. Narendra Kumar Verma Deputy Director (Administration), Local Self Government Department, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Line Phatak, Jaipur-16, Rajasthan.
5. Suresh Kumar Verma, Executive Officer Municipal Board, Viratnagar, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Akshit Gupta For Respondent(s) : Mr. G.S. Gill ,AAG with Mr. Yadvendra Patel, Adv. Ms. Swati Throy, Adv. Ms. Ritu Mishra, Adv.
HON'BLE MR. JUSTICE ANAND SHARMA
Order 27/03/2026
1. This instant application has been filed by the petitioner- applicant with a prayer to revive the S.B. Civil Contempt Petition No. 357/2022.
[2026:RJ-JP:12984] (2 of 4) [CMAP-49/2025]
2. It is stated that earlier alleging disobedience of order dated 10.02.2022 passed by Co-ordinate Bench of this Court, S.B. Civil Contempt Petition No.357/2022 was filed by the petitioner. However, during the pendency of the contempt petition, on 01.01.2022, statement was made on behalf of the State Government that the State Government has preferred D.B. Special Appeal (Writ) against the order dated 10.02.2022 and on such statement, the contempt petition was dismissed by Coordinate Bench of this Court.
3.
Learned Counsel for the petitioner submits that in the case of petitioner, order dated 10.02.2022 was passed in S.B. Civil Writ Petition no. 678/22 and he categorically makes a statement that no D.B. Special Appeal (Writ) was filed by the State Government at any point of time. He submits that of course, the State Government preferred Appeal in some other connected matters, yet, even the D.B. Special Appeal Writ No. 1169/2022 in S.B. Civil Writ Petition No. 678/2022 (State of Rajasthan v/s Mukesh Gurjar) has been dismissed by the Division Bench, on account of being withdrawn by the State Government by seeking liberty to press Application for Vacation of Stay Order. Thus, no special appeal, even in the connected writ petition is pending.
Learned counsel for the petitioner further submits that in S.B. Civil Writ Petition No. 678/2022, not even Application for Vacation of Stay Order has been filed by the State Government.
4.
Learned counsel for the petitioner further submits that thus, earlier contempt petition filed by the petitioner was dismissed vide order dated 01.12.2022, on a statement which was factually incorrect, and he further submits that in identical matters
[2026:RJ-JP:12984] (3 of 4) [CMAP-49/2025] where, the contempt petition was earlier dismissed on such factually incorrect statement, Co-ordinate Bench of this Court passed vide order dated 12.02.2026 in S.B. Civil Misc. Application No. 47/2025 (Umashankar Gurjar v/s State of Rajasthan & Ors.) and order dated 09.01.2026 passed in S.B. Civil Misc. Application No. 48/2025 (Dheeru Singh Gurjar v/s State of Rajasthan & Ors.) has revived the contempt petitions. 5. Learned Additional Advocate General, could not dispute fact that other contempt petitions have been revived by Coordinate Bench of this Court vide orders dated 09.01.2026 and
12.02.2026. 6. In view of the above, learned Additional Advocate General also submitted that since appeal was filed in identical matters, therefore, the statement made earlier on behalf of the other State Government may not be treated as incorrect statement . 7. Heard learned counsel for the parties and perused the record. 8. It is not disputed that no Special Appeal (Writ) was filed by the State Government against the interim order dated 10.02.2025 passed by the Coordinate Bench of this Court in S.B. Civil Writ Petition No. 678/2022, therefore, the statement given on behalf of the State Government qua the aforesaid S.B. Civil Writ Petition No. 678/2022 was apparently against the record. 9. It is also a matter of record that even the Special Appeal filed in connected matters has been dismissed as withdrawn by the Division Bench with liberty to the State Government to file Application for Vacation of Stay Order. Despite
[2026:RJ-JP:12984] (4 of 4) [CMAP-49/2025] that, no application for stay vacation has been filed by the State Government for seeking vacation of interim order dated 10.02.2022 in S.B. Civil Writ Petition No. 678/2022. Thus, the interim order dated 10.02.2022 granted in the above writ petition is still in operation. 10. Apart from above, in the similar circumstances, Coordinate Benches of this Court by passing vide orders dated 09.01.2026 and 12.02.2026 in the above S.B. Civil Misc. Applications No. 48/2025 and 47/2025 respectively revived the connected contempt petitions. 11. In the light of above discussion, application filed by the petitioner is allowed and S.B. Civil Contempt Petition No. 357/2022 stands restored to its original numbers.
12. Office is to proceed further. (ANAND SHARMA),J RACHNA /71