HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civ. Contempt Pet. No. 27/2019

Aasan Shrinathji Mandir Trust, Through Its Secretary Mahant

Laxman Nath Son Of Late Shri Jagdish Nath, B/c Nath Aged

About 37 R/o Gulab Sagar, Near Mahilabagh Jhalara, Jodhpur.

----Petitioner

Versus

1.

Shri Diensh Chandra Jain, District Collector, Pali.

2.

Shailendra Singh, Sub-Divisional Officer, Sub-Division

Office, Marwar Junction.

3.

Madho Ram Purohit, The Tehsildar, Tehsil Office, Marwar

Junction.

----Respondents

For Petitioner(s)

:

Mr. Surendra Singh Choudhary.

For Respondent(s)

:

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

14/10/2019

This contempt petition has been filed by the petitioner

alleging violation of the interim order dated 10.01.2019 passed by

this Court in S.B. Civil Second Appeal No.3/2019.

In the second appeal filed by the petitioner against State of

Rajasthan; SDO, Marwar Junction; and Tehsildar, Marwar Junction,

the respondents were directed not to alienate the suit property.

In the contempt petition allegations have been made against

the persons named as respondents i.e. District Collector, SDO &

Tehsildar alleging that certain third party has put up the entrance

gate, which amounts to the violation of the interim order passed

by this Court and therefore, the respondents be proceeded

against.

(2 of 2)

[CCP-27/2019]

A perusal of the interim order granted by this Court reveals

that only the alienation of the suit property was stayed and when

on 23.05.2019, the petitioner wanted the interim order to be

converted into for maintaining status quo, the same was

specifically declined by this Court. The allegations made in the

contempt petition only pertains to alleged change of status quo

and that also does not pertain to the title of the suit property and

therefore, it cannot be said that the interim order granted by this

Court on 10.01.2019 has been violated in any manner.

Consequently, no case for alleged violation of the directions

issued by this Court is made out.

The contempt petition has no substance, the same is,

therefore, dismissed.

(ARUN BHANSALI),J

37-Rmathur/-