SANDEEP MEHTA,J. - (1.) The instant contempt petition has been preferred by the petitioner seeking to prosecute the respondents for willful disobedience of order dated 19.12.2008 passed by this Court in S.B. Civil Writ Petition No.7397/2008. By the above order, the Court directed that until further orders, no registration of any document shall be made by the respondents in relation to the disputed land admeasuring about 20000 sq. meters located at Cox Kutir Jodhpur. It may be noted here that the petitioner herein is till date not a party in that writ petition though an impleadment application preferred on his behalf is reportedly pending consideration.
(2.) An appeal came to be preferred before the District Collector, Jodhpur against an order passed by the Sub Registrar on 18.11.1983 refusing to register two plots no.170 and 171 in favour of Smt. Bilam Kanwar and Sh. Prakash Mal Bhandari. In relation to the very same controversy, Smt. Gutiya Devi preferred a writ petition no.5537/1994 which was decided on 20.2.2008 directing the Sub Registrar, Jodhpur to register the exchange deed executed by the UIT, Jodhpur in favour of the respective lessees within a period of two months from the date of the said order. The Collector after considering the import of the above order dated 20.2.2008, went on to hold that the appeals preferred by the respective lessees had become infructuous as direction to register the exchange deeds had already been passed by the High Court while exercising the writ jurisdiction. Consequently, the Sub-Registrar was directed to take appropriate steps as per law. The Sub-Registrar thereafter, proceeded to register the exchange deed in terms of this Court's order dated 20.2.2008.
(3.) Having considered the entirety of the facts available on record, this Court is of the firm opinion that while deciding the appeals in the above terms, the respondent District Collector, Jodhpur did not willfully disobey this Court's order dated 19.12.2008 as he was acting on the judicial side and was bound to ensure compliance of the earlier order dated 20.2.2008 specifically directing the registration of the questioned exchange deeds.;