1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER D.B.CIVIL MISC. APPLICATION NO.72/2009 IN D.B. CIVIL CONTEMPT PETITION NO.339/2003 IN D.B. SPECIAL APPEAL (WRIT) NO.356/1996 IN S.B. CIVIL WRIT PETITION NO.4397/1989 Rameshwar Lal Pandey Versus D.C.Samant DATE OF ORDER --- August 06,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Ashok Gaur, for the petitioner Mr.Virendra Lodha, for the respondents Counsel for the petitioner has filed an application for recalling the order dated 11.5.2009 wherein it has been recorded that in view of the detailed reply filed on behalf of the respondents, since sufficient compliance has been made, the contempt petition is dismissed and the notices are discharged. Having heard learned counsel for the parties, instead of recalling the order dated 11.5.2009, we deem it just and proper to modify the order dated 11.5.2009 in the manner that the right of representation be given to the petitioner for claiming the remaining benefit as per the judgment of the learned Single Judge dated 4.8.1995 as well as Division Bench dated 15.10.2003 and in case any adverse order is passed then the petitioner would be at liberty to file fresh writ petition. 2 In view of the above, the modified order dated 11.5.2009 is as follows: “In view of the detailed reply filed on behalf of the respondents, since sufficient compliance has been made, the contempt petition is dismissed. The notices are discharged. However, the petitioner would be at liberty to move representation to the respondents within a period of one month from the date of receipt of a copy of this order and the respondents in the writ petition shall decide the said representation within a period of one month thereafter, by a reasoned order. In case any order adverse to the petitioner is passed, the petitioner would be at liberty to file fresh writ petition. The miscellaneous application is disposed of. (Mohammad Rafiq) J. (Prem Shanker Asopa) J. गोpa ल