(1) Contempt No.11/2008 - M/s Nasruddin Bhati & Sons Vs. Shri D.P. Gaur, Mining Engineer, Department of Mines, Makarana, District Nagaur & Ors. (2) Contempt No.12/2008 - Fateh Mohd. & Ors. VS. Shri D.P. Gaur & Ors. : Order dt.1.7.2008 1/4 1. S.B. CIVIL CONTEMPT PETITION NO.11/2008 M/s Nasruddin Bhati & Sons Vs. Shri D.P. Gaur, Mining Engineer, Department of Mines, Makarana, District Nagaur & Ors. 2. S.B. CIVIL CONTEMPT PETITOIN NO.12/2008 Fateh Mohd. & Ors. VS. Shri D.P. Gaur & Ors. Date of order : 1st July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rakesh Arora ) for the petitioners. Mr. R.S. Choudhary ) Mr. Rishi Vaishnav, Dy. Government Mr. D.D. Thanvi ) for the respondents. Mr. Arvind Shrimali ) Mr. Durga Ram ) Mr. Surendra Singh ) --------- 1. Heard learned counsel. 2. These contempt petitions have been filed arising out of order passed by this Court on 26.2.2003 while disposing of the Civil Revision Petition No.888/2000. This Court has directed as under:- “It is therefore, directed that the trial court will proceed with the decision of the suit with utmost expediency. No unnecessary adjournments will be granted. In view of this, the interim orders passed are not interfered with. The order passed by the Courts below are not gone into on merits and it is ordered that the situation as exists today shall continue to operate until final decision of the civil suit. The revision petition is disposed of.” (1) Contempt No.11/2008 - M/s Nasruddin Bhati & Sons Vs. Shri D.P. Gaur, Mining Engineer, Department of Mines, Makarana, District Nagaur & Ors. (2) Contempt No.12/2008 - Fateh Mohd. & Ors. VS. Shri D.P. Gaur & Ors. : Order dt.1.7.2008 2/4 3. Admittedly the civil suit filed for declaration by the present petitioners is pending in the trial court, in which against interim order passed by the trial court, the aforesaid revision petition No.888/2000 was filed in this Court and this Court clearly found that the suit should be decided expeditiously and also observed that the situation as exist today shall continue to operate until final decision of the civil suit. The suit is not yet decided even after five years. 4. There are rival claims over the mine in question by the petitioners as well as the respondents. 5. The case of the petitioners in present contempt petitions is that by Annex.C-7 office order dated 1.3.2008, mining licence itself was cancelled by the Mining Engineer, Makarana vide order dated 1.3.2008. The petitioner has also contended that vide Annex.C-2 dated 17.1.2008, the mining Engineer had referred the matter to the local police to the effect that the quarry licence in question in the said mine in favour of Smt. Jamila wife of Abdul Waheed and, therefore, necessary police help may be provided to her. 6. Learned counsel for the petitioner submitted that since this Court while deciding the revision petition on 26.2.2003 had directed status quo to be maintained the Mining Engineer could not (1) Contempt No.11/2008 - M/s Nasruddin Bhati & Sons Vs. Shri D.P. Gaur, Mining Engineer, Department of Mines, Makarana, District Nagaur & Ors. (2) Contempt No.12/2008 - Fateh Mohd. & Ors. VS. Shri D.P. Gaur & Ors. : Order dt.1.7.2008 3/4 have asked for providing police help to Smt. Jamila wife of Abdul Waheed. It is a case of the petitioner that said Abdul Waheed had transferred the mining licence to him i.e. M/s Nasruddin Bhati & Sons and therefore, they have right over the mine in question which is disputed by the respondents and the issue relating to this is pending for declaration in suit filed by the petitioners. The said civil suit No.28/1999 is pending in the Court of Civil Judge (Junior Divisioin), Makarana. 7. Learned counsel for the respondents on the other hand pointed out that earlier also contempt petition No.16/2006 was filed by the present petitioners which came to be dismissed by this Court on 12.9.2007 in which this Court held that in view of the orders passed by this Court on 7.8.2003, the interim order dated 22.3.1999 passed by the learned trial court had lost its rigour and force. He, therefore, submits that subsequent decision of revision petition against any interim order passed by the learned trial court also became infructuous and any direction of the status quo passed in that cannot result in any contempt by the respondents. He, therefore, submits that licence of mine in question was cancelled as the same was found to be unsafe mining operation vide order dated 1.3.2008. 8. Having heard learned counsel and upon perusal of record, this Court is of the opinion that no case for contempt is made out in the present case. The observation made at earlier point of time (1) Contempt No.11/2008 - M/s Nasruddin Bhati & Sons Vs. Shri D.P. Gaur, Mining Engineer, Department of Mines, Makarana, District Nagaur & Ors. (2) Contempt No.12/2008 - Fateh Mohd. & Ors. VS. Shri D.P. Gaur & Ors. : Order dt.1.7.2008 4/4 while deciding the revision petition on 26.2.2003 was to expedite the trial of the suit in question was with the hope and belief that the said suit would be decided expeditiously. This Court also made observation for maintaining the status quo till final decision of the civil suit. The said civil suit is pending despite lapse of over 5 years after that date. In view of this, the learned trial court is requested to decide the said civil suit expeditiously preferably within a period of 6 months from today. Neither Annex.C.7 order dated 1.3.2008 nor order Annex.C.2 dated 17.1.2008 amount to any contempt of that order. 9. Therefore, this contempt petition is dismissed. Notices are discharged. [ DR. VINEET KOTHARI ], J. item No.2-3 babulal/-