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Judgment
This contempt petition has been filed by the petitioners alleging non-compliance of the directions issued by this Court in D.B.Civil Writ Petition No.9082/2022 decided on 01.07.2022.
The writ petition was filed with the prayer to seek direction for removal of the encroachment made over the land bearing Patta No.39 issued in favour of the Krishi Upaj Mandi Samiti, which was later on transferred back in favour of the Gram Panchayat.
This Court on 01.07.2022 with reference to the order passed in Jagdish Prasad Meena & Ors. Vs. State of Rajasthan, D.B.Civil Writ Petition (PIL) No.10819/2018 decided on 30.01.2019 required the petitioners to approach the PLPC and the PLPC was directed to hold inquiry and take appropriate steps.
Pursuant to the said order, proceedings were initiated by the PLPC and now the order dated 03.10.2023 (Annexure-R-5) has been produced passed by the District Collector, Sirohi inter-alia indicating that looking to the nature of the land, the same does not fall within the jurisdiction of PLPC and he has referred the matter to the Chief Executive Officer, Zila Parishad, Sirohi to take steps in this regard.
In view of the fact that the PLPC, to which directions were issued by this Court while deciding the writ petition, has come to the conclusion that the matter does not fall within its jurisdiction, no case for any contempt is made out.
The contempt petition is dismissed leaving it open for the petitioners to take appropriate proceedings in accordance with law. The notices are discharged.
