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2025 Supreme(RAJ) 99

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Manindra Mohan Shrivastava, CJ, Mr. Bhuwan Goyal, J
SURESH KUMAR SHARMA SON OF SHRI MURLIDHAR – Appellant
Versus
SHRI KRISHAN KUNAL – Respondent
CCP / 200 / 2025



Advocates:
Mr. Pradeep Singh

Court emphasized the obligation to comply with previous orders and established a framework for compliance reporting, allowing revival of the petition if grievances remain.

Headnote:(A) Contempt of Court - Allegation of willful disobedience of a court order dated 06.11.2015 - The court directed the respondents to consider the petitioners' case in accordance with prior orders, specifically referencing the judgment in the case of Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors. - Compliance with Supreme Court directives is emphasized, requiring action within specified timeframes. (Paras 1-4)

(B) Compliance with Court Orders - The court reiterated the obligation of authorities to comply with existing orders and provide necessary information to facilitate compliance. (Paras 3-4)

Facts of the case:
The contempt petition was filed due to alleged failure to comply with a prior court order, prompting the court to direct examination of the petitioners' case in light of earlier judgments.

Findings of Court:
The court disposed of the contempt petition with directions for compliance, allowing revival if grievances remain unaddressed.

Issues: The main issue was whether the respondents had willfully disobeyed the court's order and the appropriate measures to ensure compliance.

Ratio Decidendi: The court found that compliance with prior orders is mandatory and established a clear framework for reporting compliance to the court.

Result: Contempt petition disposed of with directions.

ORDER :

1. The contempt petition has been filed alleging willful disobedience of an order passed by this Court on 06.11.2015.

2. The order passed by this Court was a judgment in rem.

3. The respondents shall consider the case of the petitioners. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioners shall also be examined in terms of an order dated 01.12.2021 passed by this Court in the case of Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors.-D.B. Civil Contempt Petition No.740/2016 and other connected matters wherein this Court had given detailed directions as below:-

“1. It shall be an obligation on the part of the Commissioner, College Education to immediately release the dues payable to the petitioners as per the directions issued by this Court from time to time and the directions which have already been issued by the Hon’ble Supreme Court on 09.09.2021 in the case of State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (c) No.13791/2019, wherein, the Hon’ble Supreme Court had directed compliance to be made within a period of eight weeks.

2. A brief, but clear order regarding compliance of the order in respect of each of the contempt petitioners will have to be passed by the concerned Directorate within a period of ten weeks from today.

3. The orders in respect of each of the contempt petitioners, which are required to be passed clearly stating compliance of the order, shall be reported directly to the Registry of this Court, which shall be placed before this Court under a separate registered case.

4. With the aforesaid observations and directions, this contempt petition, at this stage, is disposed off, however, with liberty to revive, if any grievance still remains unredressed.”

4. All the authorities including the Secretariat of the Department of College Education as also the private school education officials shall be under an obligation to provide necessary information, if any demanded by Commissionerate of College Education, towards compliance of the order which was passed earlier by this Court and in the case referred to hereinabove.

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