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RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
RAJASTHAN THELA AUR FOOTPATHI VYAPARI UNION, JODHPUR THROUGH ITS - – Appellant
Versus
MOHAN KISHAN VYAS – Respondent
WCP 7 2020



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Writ Contempt No. 909/2019

Sardar Market Girdikot Vyapar Sanstha, Jodhpur, 59 Sardar

Market, Ghantaghar, Jodhpur, Through Its Secretary Shri Gautam

Chand Bhandari S/o Bherumal Bhandari, Aged About 66 Years,

R/o Bhandari Street, Mahamandir, Jodhpur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary Local Self

Government, Govt. Of Rajasthan, Jaipur.

2.

Bhawani Singh Detha, Principal Secretary, Department Of

Local Self Government, Jaipur (Raj.).

3.

Shri Prakash Rajpurohit, District Collector, Jodhpur,

Rajasthan.

4.

Shri Suresh Kumar Ola, Commissioner, Jodhpur Municipal.

5.

Om Prakash Bunkar, Secretary, JDA, Jodhpur.

----Respondents

Connected With

D.B. Writ Contempt No. 7/2020

Rajasthan Thela Aur Footpathi Vyapari Union, Jodhpur Through

Its -, 1. Secretary Jogendra Vaswani S/o Purushottam, Aged 44

Years, R/o Ummed Chowk, Golnadi, Jodhpur. 2. Member Yunus

S/o Mangu Khan, Aged 48 Years, R/o Kayamkhani Gali, Bamba

Mohalla, Jodhpur.

----Petitioner

Versus

1.

Mohan Kishan Vyas, Incharge Anti Encroachment Cell,

Municipal Corporation, Jodhpur.

2.

Suresh Kumar Ola, Municipal Commissioner, Municipal

Corporation, Jodhpur.

3.

State Of Rajasthan, Through The Secretary Local Self

Government, Govt. Of Raj., Jaipur.

----Respondents

D.B. Civil Writ Petition No. 881/2020

1.

Om Prakash Deora S/o Padmaram Deora, Aged About 56

Years, By Caste Mali, R/o Outside Nagori Gate, New Pilwa

House, Jodhpur.

(2 of 8)

[WCP-909/2019]

2.

Poonam Devi W/o Ram Bhajan Nisad, Aged About 36

Years, 80, Subhash Chowk, Ratanada, Jodhpur.

3.

Shakeel Khan Khokhar S/o Abdul Karim, Aged About 40

Years, Plot No.22, Behind Dalle Khan Petrol Pump,

Barkatullah Khan Colony, Akhaliya Choraha, Jodhpur.

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Local Self

Department, Government Of Rajasthan, Secretariat,

Jaipur.

2.

The Municipal Commissioner, Municipal Corporation,

Jodhpur

----Respondents

For Petitioner(s)

:

Mr. Shree Dhar Purohit (In Contempt

Petition No.7/2020 & Writ Petition

No.881/2020)

Mr. Anirudh Purohit (In Contempt

Petition No.909/2019)

For Respondent(s)

:

Mr. Rajesh Panwar

Mr. Rajesh Parihar

Mr. Arun Purohit, Commissioner

(South)

Mr. Rajendra Singh Kaviya,

Commissioner (North)

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/08/2021

REPORTABLE

The petitioner in Contempt Petition No.909/2019 i.e.

The Sardar Market Girdikot Vyapar Sanstha, Jodhpur, which is an

Association of Shopkeepers having shops in the Sardar Market,

Ghantaghar, Jodhpur, and is represented by Shri Anirudh Purohit,

Advocate.

(3 of 8)

[WCP-909/2019]

The petitioner in Contempt Petition No.7/2020 is the

Rajasthan Thela Aur Footpathi Vyapari Union, Jodhpur, which is a

union of street vendors claiming to have been illegally dislodged

from the Sardar Market under directions of this Court, and is

represented by Shri Shree Dhar Purohit, Advocate.

The petitioners in Writ Petition No.881/2020 are/were

the members of the Town Vending Committee and are represented

by Shri Shree Dhar Purohit, Advocate.

In Contempt Petition No.909/2019, the shopkeepers-

association has alleged that despite pertinent directions of this

Court, the street vendors are still thronging the Sardar Market

creating obstacles in the thoroughfare of the public at large and

thus they as well as the respondent officials who have failed to

ensure compliance have committed contempt of the order dated

05.10.2015 passed by the Division Bench of this Court in D.B. Civil

Writ Petition (PIL) No.2910/2008.

The Contempt Petition No.7/2020 has been filed by the

Rajasthan Thela Aur Footpathi Vyapari Union, Jodhpur with an

averment that the order dated 05.10.2015 has not been complied

with in its letter and spirit and the members of the petitioner-

association have been unauthorizedly remove

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