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2025 Supreme(RAJ) 1014

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Manindra Mohan Shrivastava, CJ, Mr. Uma Shanker Vyas, J
SYED IFTEKHAR ALI NAQVI S/O SYED ARIF ALI NAQVI – Appellant
Versus
SHRI NAVEEN JAIN – Respondent
CCP / 232 / 2024



Advocates:
Mr. Paras Jain for Mr. Saurabh Khandppa, Mr. B.S. Chhaba, AAG with Mr. Hardik Singh

Court emphasized the obligation of authorities to comply with prior orders and directed timely reporting of compliance regarding dues payable to petitioners.

Headnote:(A) Contempt of Court - Allegation of willful disobedience of a court order dated 06.11.2015 - Court directs examination of petitioners' case per previous orders and compliance with Supreme Court directives - Obligation on Commissioner of College Education to release dues and report compliance within specified timelines. (Paras 1, 3)

(B) Compliance - The court emphasized the necessity of compliance with previous orders and the obligation of authorities to provide information for the same. (Paras 3, 4)

Facts of the case:
The contempt petition was filed alleging non-compliance with a court order regarding the release of dues to petitioners. The court opted for a directive approach rather than issuing contempt notice.

Findings of Court:
The court directed the Commissioner of College Education to comply with prior orders and report back on the compliance status.

Issues: The primary issue was whether the respondents had willfully disobeyed the court's order.

Ratio Decidendi: The court determined that compliance with its previous orders was mandatory and established a clear timeline for the authorities to act.

Result: Contempt petition disposed of with directions for compliance.

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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