Abdul Jabbar Gesawat vs. Shri D.C.Samant &Ors. SB Civil Cont. Petition No.40/2008 in SBCW PET. Non. 1036/2006 Date of Order: 25.03.08 PRESENT HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS Mr. S.P.Sharma for the petitioner/s. Mr. N.M.Lodha, AAG. for the respondent/s. Heard learned counsel for the petitioner. By the judgment dated 30th October, 2007 this Hon'ble Court has passed an order in writ petition filed by the petitioner that “the matter deserves to be sent back to the respondent No.5- Executive Officer, Municipal Board, Makrana to consider the case of the petitioner once again and decide as to whether the petitioner falls in the category of 'below poverty line' (BPL) of people or not or whether his name deserves to be included in the list of persons 'Below Poverty Line.' The same may be decided expeditiously as early as possible, but not later than 31st December, 2007. If the petitioner is found to be covered by the said category, naturally consequential benefits to which the petitioner is entitled shall be provided to him including the medical care required to be given to him.” In compliance of this order, while filing reply it is brought to the notice of this Court that after enquiry, as ordered by this court, the petitioner has not been found in the category of BPL. Therefore, no case of disobedience of the order passed by this Court is made out. The respondent has passed an order in compliance of order passed by this Court dated 30th October, 2007. If there is any wrong in the order then petitioner can challenge the said order by way of filing a fresh writ petition. No positive direction can be given in the contempt petition or any relief can be granted in the contempt petition. Learned counsel for the petitioner has invited my attention to the the judgment of the apex court reported in RLW 2002 (3) SC and submitted that even in contempt petition it can be given . I have perused the contempt petition as also the reply filed by the respondents. Obviously in compliance of order passed by this Court, the case of petitioner was considered and he was not found in the category of BPL. Therefore, it cannot be said that respondents have committed any disobedience of the order passed by this Court. The petitioner can file a fresh writ petition, challenging the validity of order passed by the respondents in compliance of order passed by this Court. The judgment cited by the petitioner is an altogether different context. In this contempt petition only compliance of the order can be seen. In these circumstances, no case is made out for disobedience of the order passed by this Court, therefore, notices issued to the respondents are discharged and this contempt petition is dismissed. However, the petitioner may challenge the order passed by the respondents by way of filing a fresh writ petition, if so advised. (GOPAL KRISHAN VYAS),J. lg.