M.R.CALLA, J. - (1.) A Civil Revision Petition i.e. S.B. Civil Revision Petition No. 585/1991, Rajasthan Sports Council and others v. Aam Janta Shaher, Jaipur was listed before the single Bench of Justice R. S. Kejriwal on 18-9-1991. In this revision petition, respondent Radha Mohan Lal claims to espouse the cause of general public in the dispute with the Rajasthan Sports Council with regard to the alleged destroying of an ancient pucca tar road under the nomenclature of "Shri Govind Deoji Ka Rasta". Respondent Shri Sua Lal Yadav is appearing as counsel of Radha Mohan Lal in this revision petition. On, 19-9-1991, Justice R. S. Kejriwal recorded as under and placed the matter before Hon'ble the Chief Justice :- "19/9/1991. S. B. Civil Revision Petition 585/1991, Rajasthan State Sports Council v. Aam Janta, Jaipur was fixed for final disposal, in admission before the Court on 18-9-1991. On that day, the non-petitioner Radha Mohan with his counsel Shri S. L. Yadav was present and they submitted an application. In para 4 of that application, they mentioned certain words which amount to criminal contempt and as such the matter should be placed before Hon'ble the Chief Justice for constituting Division Bench for initiating proceedings against the contemners under the provisions of Contempt of Courts Act, 1971. Extra copy of the application duly signed by the aforesaid persons submitted by them, may also be placed for perusal of Hon'ble the Chief Justice." Sd/- (R. S. Kejriwal) J."
(2.) Thereupon Hon'ble Chief Justice constituted this Division Bench for this D.B. Contempt Petition No. 3184/1991 and the matter came up before us for the first time on 26-9-1991. Shri S. L. Yadav and Shri Radha Mohan Lal appeared in the Court in person on their own and referred to the application dated 18-9-91 filed under Rule 65 of the Rules of High Court of Judicature for Rajasthan and mentioned that Radha Mohan Lal and other non-petitioners in the revision petition had also moved a complaint against Hon'ble Mr. Justice R. S. Kejriwal to Hon'ble the Chief Justice. Shri S. L. Yadav gave out that he did not have a copy of the complaint and it was lying with the Hon'ble Chief Justice. It was, therefore, directed on 26-9-1991 that the copy of the complaint may be produced on the next date of hearing (9-10-91) and be tagged with this file. Accordingly, copy of the complaint was annexed with the file of this contempt case by the Registry.
(3.) Reference to this complaint was also made in para 4 of this application dated 18-9-91 purporting to be under Rule 65 of the Rules of High Court of Judicature for Rajasthan and the contents thereof are reproduced as under :- "In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur. S. B. Civil Revision Petition No. 585/91. Rajasthan Sports Council and others. v. Aam Janta Shaher, Jaipur and others. (fixed for admission on 18-9-1991 before Hon'ble R. S. Kejriwal, J.) S. B. Civil Misc. Application under Rule 65 of the Rules of the High Court of Judicature for Rajasthan for causing the above case listed before an appropriate bench of this Court. Hon'ble Shri K. C. Agrawal and his other Companion Judges of this Hon'ble Court. May it Please Your Lordships, This application is most humbly submitted on behalf of non-petitioner Shri Radha Mohan Lal on the following amongst other grounds:- 1. That since 1984, the petitioners have regularly been causing into great harassment to the religious minded citizens of this country and the countries abroad who use to visit now and then the world known temple of Shri Govinddeoji Maharaj, locating in the heart of the world famous city of Jaipur within Chowkri Sharhad, by destroying ancient Pakka Damer Road under nomenclature of "Shri Govind Deoji Ka Rasta." and creating unwarranted obstruction by constructing illegal walls, gates etc. and by locking such gates at hours of Goving Darshan during odd night hours, to the utter mental torture of "Dharshanarthes". 2. That on account of the above public harassment the following public interest litigation writ petition were filed on the same subject of public way to the above temple in Chougan. (i) S. B. Civil Writ Petition No. 1770/86 decided by Hon'ble M. B. Sharma J. on 8-5-87 and (ii) D.B. Civil Writ Petition No. 2802/87 decided by DB of this High Court constituted of Hon'ble Suresh Kumar J. and Hon'ble Farooq Hassan, J. (iii) That apart from it, a representative civil suit in the form of Public interest litigation was filed because the petitioners did not abide by the order of this High Court in the above writ petition but rather destroyed the above old Pakka Damber Road during stay of the courts of law. The above civil revision arose out of the above public litigation suit on the same subject-matter with the same object of course with an insignificant variation regarding disobedience, hence this falls under the scope of R.65 of the above Rules and deserves to be listed for admission and hearing before the Bench constituted either of Hon'ble M. B. Sharma, J. or before Hon'ble Farooq Hassan J. or before D.B. constituted of either of the above Hon'ble Judge. 4. That apart from it, the undersigned has been informed by his client Shri Radha Mohan Lal Vakil Ex. Chairman of the Municipal Council, Jaipur, that he along with other non-petitioners have moved a complaint in writing against Hon'ble Shri R. S. Kejriwal to the Hon'ble Chief Justice requesting him to list the above revision before a Bench of which Hon'ble Shri R. S. Kejriwal is not a member as they have reasonable grounds to believe that no impartial justice would be imparted from this Bench. In the light of the above exceptional and extra ordinary facts and circumstances of the matter the above revision may kindly be allowed to be listed before a Bench not constituted of Hon'ble Mr. Justice Kejriwal as the non-petitioners are known to have lost faith in this Bench for reasons obvious. In case the above revision is not allowed to be listed before another Bench the applicant may be allowed sufficient time to approach Supreme Court for transfer of this case. Humble Petitioner (Sd/- Radha Mohan Lal) Through Counsel : Sd/- S. L. Yadav.";