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RAJASTHAN HIGH COURT
Vijay Bishnoi, Sudesh Bansal, JJ.
Rita Soni @ Rekha - Appellant
Versus
Jagdeep Singh Kushwaha & Anr. - Respondents
Habeas Corpus Petition No. 1264 of 2019
Decided On : 26-10-2021
CONTEMPT - COMPLIANCE WITH COURT ORDER - The court addressed a contempt petition regarding non-compliance with its previous order directing the State of Rajasthan to treat a writ petition as a representation and to provide a personal hearing. The court found that the order had been substantially complied with, albeit with delay, leading to the dismissal of the contempt petition.
Fact of the Case:
The petitioner filed a contempt petition claiming that the court's order from 14.08.2014, which directed the State of Rajasthan to treat a writ petition as a representation and to provide a personal hearing, was not complied with.
Finding of the Court:
The court reviewed the compliance status and noted that the representation had been decided on 09.03.2015, indicating substantial compliance with the earlier order despite the delay.
Issues: Whether the State of Rajasthan complied with the court's order from 14.08.2014 regarding the treatment of the writ petition and the provision of a personal hearing.
Ratio Decidendi: The court concluded that substantial compliance with its previous order had occurred, which negated the grounds for the contempt petition.
Result: The contempt petition was dismissed, and notices of contempt were discharged.
JUDGMENT
1. This contempt petition was earlier taken on 01.09.2021, however, none was present on behalf on the petitioner. Today also, none is present.
2. This contempt petition is filed by the petitioner essentially with the grievance that the order passed by this Court on 14.08.2014 in D.B. Civil Writ Petition (P.I.L.) No.12458/2013 has not been complied with.
3. Vide order dated 14.08.2014, this Court has disposed of the above-referred writ petition directing the State of Rajasthan to treat the said petition as a representation submitted by the petitioner to the Secretary to the Government of Rajasthan, Department of Home Affairs. It was further directed that the Secretary shall examine all the averments mentioned in the petition objectively and shall also provide an opportunity of personal hearing to the petitioner, if demanded and thereafter to pass an appropriate order. It was also ordered that the above directions are required to be complied with within three months from the date of receipt of certified copy of this order.
4. Mr. K.S. Rajpurohit, learned AAG has submitted that pursuant to the directions given by this Court on 14.08.2014, representation of the petitioner in the form of writ petition has already been decided by the respondent No.1 on 09.03.2015. Copy of the order dated 09.03.2015 is placed on record.
5. Having gone through the order dated 09.03.2015, we are of the opinion that the order passed by this Court on 14.08.2014 has substantially been complied with though with the delay.
6. In such circumstances, when the order dated 14.08.2014 passed by this Court has substantially been complied with, we are not inclined to entertain this contempt petition.
7. Hence, this contempt petition is dismissed. Notices of contempt stand discharged.
Substantial compliance with a court order can negate the basis for a contempt petition, even if there is a delay in compliance.
Court affirmed compliance with prior order, allowing petitioner to seek further remedies if aggrieved.
A party cannot be held in contempt if they have complied with a court order, as demonstrated by the issuance of a reasoned decision in response to the order.
A contempt petition is dismissed when evidence shows compliance with prior court orders.
Substantial compliance by disposing representation before court order receipt negates contempt despite delay.
Court order compliance negates contempt petition, leading to closure.
Court closes contempt petition upon verifying compliance with prior mandamus order.
Contempt petition closed upon confirmation of compliance with court order.
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