1 DB Civil Contempt Petition No.197/2008 Lehru Lal. vs. Abhay Kumar & Ors. D.B. CIVIL CONTEMPT PETITION NO.197/2008 Lehru Lal. vs. Abhay Kumar & Ors. Date of Order :: 22-04-2009 HON'BLE THE CHIEF JUSTICE MR. DEEPAK VERMA HON'BLE MR. JUSTICE PRAKASH TATIA Mr.Narendra Singh for Mr.Sajjan Singh, for the petitioner. Mr.Deelip Kawadia, for the respondents. - - - Heard. This is a petition filed under Section 12 of the Contempt of Courts Act, 1971 by the appellant of SAW No.608/2007 passed by this Court on 19.6.2007. On the said date, following order came to be passed :- “Issue notice. Issue notice of stay petition also. Rule is made returnable within two weeks. Meanwhile, status quo be maintained. Judge” 2 DB Civil Contempt Petition No.197/2008 Lehru Lal. vs. Abhay Kumar & Ors. The contention of the petitioner is that despite the order of status quo having been passed by this Court on 19.6.2007, the respondents have made construction violating the said order of status quo. Prayer, therefore, has been made that they are liable to be proceeded with for committing contempt of the Court. On these averments being made in the contempt petition, notices were issued to the respondents. They have submitted their reply to the same. They have specifically mentioned that initially a suit for declaration and permanent injunction was filed by the petitioners before the Additional Civil Judge No.1, City (South), Udaipur which was dismissed on merits on 29.4.1997. Being aggrieved by the said judgment and decree, they had preferred regular first appeal but that also came to be dismissed on 19.2.2001. Still not being satisfied with the same, it was further challenged in second appeal before this Court registered as S.B.Civil Second Appeal No.283/2001 but that also met with the fate of dismissal on 19.4.2004. Thereafter, the aforesaid matter was filed wherein this order came to be passed. They have further submitted that pursuant to the resolution dated 3 DB Civil Contempt Petition No.197/2008 Lehru Lal. vs. Abhay Kumar & Ors. 18.6.2005 (Annex.4), the case of the appellant was considered for regularisation of the land but it was found that he is not entitled for regularisation of the land and it was also noticed that the petitioner has encroached on the Government land. Thus, benefit could not have been extended to him as was given to others. One more contempt petition was filed which was dismissed on 15.3.2007. It has also been contended by the respondents that they have already made the constructions pursuant to the resolution dated 18.6.2005 and much before the order of status quo came to be passed by this Court on 19.6.2007, therefore, no case for drawing contempt proceedings against them have been made out. In the light of the aforesaid reply, the petitioners have also filed rejoinder which is directed to be taken on record. In rejoinder, it has been contended that the photographs annexed in the rejoinder would show that the construction have been made by the respondents after the order of status quo came to be passed. Said photographs do not conclusively prove that construction have been made after the order of status quo came to be passed by this Court. If the petitioner was 4 DB Civil Contempt Petition No.197/2008 Lehru Lal. vs. Abhay Kumar & Ors. already in possession of the photographs, then why at the first instance at the time of filing the contempt petition, the same were not filed. No plausible or convincing answer could be given by learned counsel for the petitioner. Thus, looking to the matter from all angles, we are of the opinion that no case for drawing contempt proceedings against the respondents has been made out as it has not been proved prima-facie that any construction has been made by the respondents subsequent to the order of status quo passed by this Court. That being the position, the contempt petition is hereby dismissed. Rule nisi issued herein stands discharged. [PRAKASH TATIA],J. [DEEPAK VERMA],CJ. S.Phophaliya