HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Contempt Petition No. 909/2019

Amit Tiwari S/o Shri Bhawani Shankar, Aged About 40 Years,

Resident Of B-394, 395, Vidhadhar Nagar, Jaipur District Jaipur

(Rajasthan)

----Petitioner

Versus

1.

Shri Rajhans Upadhyay, Chairman Cum Managind

Director, Rajasthan State Road Transport Corporation,

Parivahan Bhawan, Jaipur (Rajasthan)

2.

Shri Umardeen Khan, Executive Director (Traffic),

Rajasthan State Road Transport Corporation, Jaipur

(Rajasthan)

----Respondents

Connected With

S.B. Civil Contempt Petition No. 932/2019

Sait Cristy S/o Shri David, Aged About 39 Years, Resident Of

124, Dadu Nagar, Bichun Road, Phulera, Jaipur, District Jaipur

(Rajasthan)

----Petitioner

Versus

1.

Shri Rajhans Upadhyay, Chairman Cum Managing

Director, Rajasthan State Road, Transport Corporation,

Parivahan Bhawan, Jaipur (Rajasthan).

2.

Shri Umardeen Khan, Excutive Director (Traffic),

Rajasthan State Road, Transport Corporation, Jaipur

(Rajasthan).

----Respondents

S.B. Civil Contempt Petition No. 933/2019

1.

Jay Kumar Joshi S/o Shri Vijay Kumar Joshi, Aged About

37 Years, Resident Of Sikandra, Teh. Sikray, District

Dausa (Rajasthan)

2.

Khangendra Singh Naruka S/o Shri Dungar Singh,

Resident Of Bagar Ka Bans (Nai Basti), Thakur Ka Kua

Alwar, District Alwar (Rajasthan)

3.

Anil Kumar Sharma S/o Shri Guljari Lal Sharma, Resident

Of Badh, Post Dhigawada, Teh. Rajgarh, District Alwar

(2 of 3)

[CCP-909/2019]

(Rajasthan)

4.

Harveer Singh S/o Shri Yadra Yadav, Resident Of Nagla

Dharsoni, Teh. Vair, District Bharatpur (Rajasthan)

----Petitioners

Versus

1.

Shri Rajhans Upadhyay, Chairman Cum Managing

Director, Rajasthan State Road, Transport Corporation,

Parivahan Bhawan, Jaipur (Rajasthan).

2.

Smt. Suchi Sharma Managing Director, Rajasthan State

Road, Transport Corporation, Parivahan Bhawan, Jaipur

(Rajasthan).

3.

Shri Umardeen Khan, Executive Director (Traffic)

Rajasthan State Road, Transport Corporation, Jaipur

(Rajasthan).

----Respondents

For Petitioner(s)

:

Mr. GL Sharma

For Respondent(s)

:

Mr. Vinayak Joshi

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

22/07/2020

Learned counsel states that an appeal has been preferred

against the order passed in the main case namely, Avinash

Sharma Vs. State, SBCWP No.15286/2017 by Kishan Lal Bairwa

and others, namely D.B. Special Appeal No.1703/2019. The

Division Bench has stayed the operation of the order passed by

the Single Bench.

Learned counsel submits that the present contempt petitions

arise out of the order passed by the Coordinate Bench in SBCWP

No.21164/2017 and connected writ petitions, decided on 4.4.2019

wherein the Coordinate Bench has relied and applied the judgment

passed in the case of Avinash Sharma which has been stayed by

(3 of 3)

[CCP-909/2019]

the Division Bench. In view thereof, the order passed by the

Coordinate Bench on 4.4.2019 cannot be implemented.

It is also informed that D.B. Special Appeals have been

preferred by the RSRTC against the present order also which have

been tagged along with D.B. Special Appeal No.1703/2019 and the

present petitioners are party to the said D.B. Special Appeal.

Keeping in view above facts which are borne out from the

record, this Court closes the present contempt proceedings.

Petitioners’ claim shall be abided by the order passed by the

Division Bench. Accordingly, these contempt petitions are

dismissed. Notices are discharged.

A copy of this order be placed in each connected file.

(SANJEEV PRAKASH SHARMA),J

FATEH RAJ BOHRA/6-74 to 76