HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Writ Contempt No. 538/2024 Mathuralal Nagda ----Petitioner Versus The State Of Rajasthan ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Arpit Sharma for Mr. Nathu Singh Rathore, AAG HON'BLE MS. JUSTICE REKHA BORANA

Order

30/03/2026

1. In compliance of order dated 06.03.2026, the report has been submitted by the Registrar (Judicial) whereby it has been stated that the contempt petition was directed to be listed on 12.01.2026 by the Court. The file was therefore sent by the concerned digit clerk to the Cause List Section on 07.01.2026. But as per the report of AOJ of Cause List Section, the file was never received in the Cause List Section from the Writ Section. Since then, the file is missing.

2. As per the report of Registrar (Judicial), despite the search slip being issued, the file has not been traced out till date.

3. This is not the sole incident which has come up before this Court of the files having gone missing. It has become a regular phenomenon that the matters are not listed despite the Court permission/date on the pretext that the file has been misplaced/not traceable.

4. In the year 2023, a similar situation arose before this Court in First Appeal No.450/2021, wherein this Court, on 09.05.2023, passed the following order :

“5. From the aforesaid facts, it is very clear that the office is very much casual in dealing with the files and misplacement of the files or the files being lost has become a natural phenomenon with the office.

6. In view of the above, the Deputy Registrar (Judicial) is hereby directed to frame the modalities/guidelines :

(i) to ensure the listing of the cases wherein permission for listing has been granted by the Court;

(ii) to ensure the preservance of the files/records;

(iii) to determine the responsibility of the concerning/responsible Clerk/Staff in cases of misplacement/file not traceable.

7. Appropriate steps be taken by the Deputy Registrar (Judicial) within a period of four weeks. Let the guidelines/instructions as framed/issued by the Deputy Registrar (Judicial) be placed before the Court after a period of four weeks.”

5. As has been brought to the notice of this Court, no modalities/guidelines in compliance of the above order have been framed by the Deputy Registrar (Judicial) of this Court.

6. In view of the above, let a report be called from Deputy Registrar (Judicial)/Registrar (Judicial) as to what steps have been taken in compliance of above order dated 09.05.2023.

7. Let the report be filed within a period of one week.

8. So far as the contempt petition is concerned, Counsel for the respondents submits that a compliance report has already been filed by him on 16.03.2026. If the same has been filed, let it be tagged and the matter be listed on 08.04.2026

9. Let a copy of the present order be placed before the Deputy Registrar (Judicial)/Registrar (Judicial), forthwith.

(REKHA BORANA),J

5-Arvind/-