N S SISODIA Vs. ASHOK KUMAR BANSAL

JUDGEMENT

(1.) WHILE deciding contempt petition learned Single Judge directed the appellant thus- " Either allot saline plot within one month to Shri Ashok Kumar Bansal Advocate, or suffer civil jail for one week. ' It is against this direction that the instant appeal has been held.

(2.) CONTEXTUAL facts depict that on November 24, 1983 a notification came to be issued inviting applications for allotment of Saline Plots in Kuchaman Ring Area which were to be allotted in accordance with the provisions of Rajasthan Land Revenue (Saline Areas Allotment) Rules, 1970. The respondent Sh. Ashok Kumar Bansal, Advocate, submitted application for allotment of plot in Kuchaman Salt Area. When the application of respondent was not considered, he preferred the writ petition seeking allotment of the plot in his favour. Meanwhile another notification dated February 26, 1986 came to be issued withdrawing the earlier notification dated November 24, 1983. therefore, the writ petition was dismissed on November 6, 1986. The respondent filed another writ petition challenging withdrawal of the notification, which came to be decided on February 18, 1993 with the observation that the withdrawal of notification was not proper and direction was issued to the Government to revive the applications filed pursuant to the notification dated November 24, 1983. When the order dated February 18, 1993 was not complied with the contempt petition was filed, which came to be decided on August 23, 1993 with certain directions to Officials. The application of respondent was rejected on February 10, 1994 as he was not the local resident, therefore he filed another contempt petition, which came to be decided on July 3, 1997 with the observation that the appellant willfully disobeyed the orders of this court and one month time was granted to allot the saline plot to the respondent Advocate, failing which the appellant was directed to suffer Civil Jail for a period of one week.

(3.) FOR these reasons, we allow the appeal and set aside the impugned order of the learned Single Judge. .