IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Contempt Petition No.295 of 2002 IN S.B. Civil Writ Petition No.3947 of 2000. Shiksha Samiti, D.P.S. Jaipur VERSUS Man Singh Deora & Others Date of Order ::: 05/09/2008. Hon'ble Mr. Prem Shanker Asopa, J. Mr. G.G. Sharma, Senior Counsel, assisted by Mr. R.G. Sharma, Counsel for the petitioner Mr. Virendra Lodha and Mr. Rajendra Soni, Counsel for the Respondents **** By the Court : Heard learned counsel for the parties on the application filed by the petitioner for impleadment of the applicant Narhari Sharma, as respondent No.2 in place of M.K. Khanna as well as deciding the contempt matter without hearing the main petition. I have heard the learned counsel for the parties on the contempt petition. In the contempt matter, the petitioner has alleged violation of the order dated 14.09.2000, which is as under:- “It has been contended on behalf of the petitioner that the property allotment Committee of the Rajasthan Housing Board is a statutory body which has decided to allot the plot in favour of the petitioner-institution and the same could not have been ignore by the Rajasthan Housing Board. Issue notice to the respondents. In the meantime status quo as on date on the plot in question which is claimed to have been alloted in the favour of the petitioner shall be maintained till the next date. List this matter on 10th October, 2000”. A perusal of the aforesaid order will reveal that the status-quo, as it exists that day i.e. 14.09.2000 was passed keeping in view the fact that the petitioner is claimed to have been allotted the land in question in his favour. But in reply, the respondents have submitted that the land in question was allotted to M/s. Kundan Lal Memorial Education Society, New Delhi on 13.07.2000, which is annexure R/1/2 on the record. Mr. G.G. Sharma, Senior Counsel for the petitioners submits that the order dated 14.09.2000 was till the next date i.e. 10.10.2000 and the said order was extended in the presence of the Counsel for the other side, but the order dated 13.07.2000 was not brought to the notice of the Court, therefore, they mislead the Court and the contempt is made out against them. Mr. Virendra Lodha, learned counsel appearing for the respondent-contemnor submits that on 13.07.2000 the allotment order of land in question was passed in favour of M/s. Kundan Lal Memorial Education Society, New Delhi, which is on the record and the same was in existence on 14.09.2000, therefore, no contempt is made out against them. Otherwise also, there was no allotment in favour of the petitioner on 14.09.2000. I have considered the submissions of the learned counsel for the parties and is of the view that since there was no allotment in favour of the petitioner, therefore, violation of the interim order does not arise at all and no contempt is made out. Otherwise also, the allotment is in favour of M/s. Kundan Lal Memorial Education Society, New Delhi made much prior to 14.09.2000. In view of above, the notices in contempt petition are discharged and the contempt proceedings are dropped. Consequently, the application for impleadment is also dismissed. (Prem Shanker Asopa) J. ashok/