C.Contempt 221/04 -LRs of Smt. Jwali Bai Vs. Shri Sajjan Singh Shekhawat & Ors. Order dt :5.3.08 1/3 S.B. CIVIL MISC. CONTEMPT PETITION NO.221/2004 LRs of late Smt. Jwali Bai Vs. Shri Sajjan Singh Shekhawat & Ors. Date of order : 5th March, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Varun Goyal for the petitioner. Mr. L.S. Jodha for the respondents. --------- 1. This contempt petition has been filed for the alleged violation of the interim order passed in writ petition on 26.4.2001 while admitting the writ petition to the effect that status quo as it exists today shall be maintained. Annex.1 title of the writ petition shows that the State of Rajasthan through Tehsildar, Mandi Vikas Samiti, Hanumangarh was the respondent before the Court when the said order was passed. The learned counsel for the petitioner submits that later on Revenue Appellate Authority and Board of Revenue were also added as party. 2. This contempt petition has been filed on the ground that irrigation facilities for the land in question was discontinued by the Irrigation Department and, therefore, the status quo order has been violated by the present respondent-contemnors namely Revenue C.Contempt 221/04 -LRs of Smt. Jwali Bai Vs. Shri Sajjan Singh Shekhawat & Ors. Order dt :5.3.08 2/3 Tehsildar, Patwari Halka and Executive Engineer, Anupgarh Branch Irrigation, Office 1, Sri Vijaywara, District Sri Ganganagar. By order dated 22.11.2007, this Court directed the name of respondent No.3, Executive Engineer be deleted from the array of respondent- contemnors as the counsel for the petitioner failed to find out the present and correct address of respondent No.3, Mr. Pramod Sharma despite opportunity given to him by the previous order dated 30.10.2007. Thus, none of the authorities of Irrigation Department remained in the array of respondent-contemnor in the present contempt petition. 3. A reply to the contempt petition has been filed by the respondents No.1 and 2, Revenue Tehsildar, Anupgarh and Patwari Halka, Anupgarh, Distt, Sri Ganganagar, explaining therein that they are not at all responsible for continuing or discontinuing the water supply of land in question and it is for the Irrigation Department to do so. They have forwarded necessary reports to the Irrigation Department showing therein the possession of the present petitioners over the land in a question and thus, they have submitted that as far as the status quo of possession of the petitioner is concerned, they have not disturbed the same in any manner. C.Contempt 221/04 -LRs of Smt. Jwali Bai Vs. Shri Sajjan Singh Shekhawat & Ors. Order dt :5.3.08 3/3 4. After hearing the learned counsels at bar, it appears to this Court that the present contempt petition is wholly misconceived. If the Irrigation Department for whatever reasons have discontinued the water supply of the land in question, it has certainly given rise to a fresh cause of action to the petitioner for which the petitioners are free to redress by availing appropriate remedy. Under the garb of status quo order treating it as an omnibus order, the petitioner certainly could not have invoked the contempt jurisdiction of this Court on account of the said reason. 5. The contempt petition is devoid of merit and the same is accordingly dismissed. The notices are discharged. [ DR. VINEET KOTHARI ], J. item No.2 babulal/-