GURVINDER SINGH CHADDA Vs. K R PISDA

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner herein alleging non-compliance of order dated 31-10-2014 stating inter alia that despite the said order of this Court, lease of the petitioner has been cancelled on 5-12-2014 and his part of the suit property has already been bulldozed. Thus, a clear case is made out for civil contempt under Section 2(b) of the Contempt of Courts Act, 1971.

(2.) Return has been filed on behalf of respondent No.2 stating inter alia that order dated 5-12-2014 was passed bona fidely as the order dated 31- 10-2014 was never produced or communicated to the contemnors and the contemnors were not having any knowledge of the same as such, for want of knowledge, the order could not be complied with and immediately after knowledge of the order dated 31-10-2014, the contemnors had stayed the order dated 5-12-2014 and also sought unconditional apology, as the order was never communicated to them.

(3.) Mr. Kishore Bhaduri, learned counsel appearing for the petitioner, would submit that order dated 31-10-2014 was passed in presence of counsel for respondents No.1 to 4 and 6 to 8 in the writ petition, despite that, the petitioner's lease has been cancelled and his part of building has been demolished which is flagrant violation of the order of this Court, as the State was duly represented and they must have informed the authorities and therefore it could not have been done. He relied upon the judgments of the Supreme Court in the matters of Hoshiar Singh and another v. Gurbachan and Others, (1962) AIR SC 1089 , Aligarh Municipal Board and Others v. Ekka Tonga Mazdoor Union and Others, (1970) AIR SC 1767 , Tapan Kumar Mukherjee v. Heromoni Mondal and another, (1991) AIR SC 281 and J. Vasudevan v. T.R. Dhananjaya, (1996) AIR SC 137 .