YASHPAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) MR . JUSTICE S.RAVINDRA BHAT 1. This common order will dispose of review petitions (CM 13579 -80/2006 hereafter "the review petition") originally filed as application for restoration of the writ petition, and a contempt proceeding, i.e. CCP Nos. 1273 -74/2006.

(2.) TWO writ petitioners (Yashpal s/o Nand Lal and Shyam Lal s/o late Om Prakash) approached this Court, and filed WP 1740 -41/2006. They claimed to be residents of Narela; one of them claimed himself to be user of a public thoroughfare (Rasta Sarai aam) measuring 4 gathas, i.e. 33 feet wide, out of khasra No. 343, Mauza Mamur Pur Pana Udyan, Narela ("the suit land"). The petition alleged that the fifth and sixth respondents (hereafter "contesting parties") started encroaching on the suit land, and constructed unauthorized structure, in collusion with public officials. The petition alleged that in protest, written complaints were made to the concerned authorities, on 13.06.2006 and 22.06.2006. The petitioners annexed copies of certain maps, and a scaled map drawn by a private draftsman. On the basis of these allegations, the Court issued notice in the writ petition, and recorded - by the order dated 24.07.2006, that since the petition averments pointed to encroachment of public lands, the respondents were to maintain status quo till the next date of hearing, which was 18.10.2006.

(3.) IN this background, the first petitioner preferred the review petition, on 28.10.2006, alleging that he had not authorized the withdrawal of the writ petitions; he sought the recall of the order dismissing the petitions, and its restoration. In the meanwhile, the contempt proceeding was filed on behalf of the petitioner, claiming that despite the previous order of 24.07.2006, the contesting respondents were encroaching on the suit lands, which were of a public nature and character. It was also alleged that the official respondents (in the writ petition) in collusion with the contesting parties, had criminally trespassed into the petitioner's premises, as well as those of his counsel, Shri Surendra Sharma, with the intention of destroying the evidence of having committed contempt of this Court's order. The contempt proceeding was listed before the Court, on 09.10.2006. The Court issued notice, returnable on 18.10..2006. On that date, the Court, taking note of an affidavit filed in the proceeding, recorded that the second petitioner had died, despite which the contempt proceeding had been initiated on his behalf. The Court considered the materials on the record, and directed an enquiry, on various aspects, including whether the writ petitioner had instructed for withdrawal of the petition, and had signed the affidavit in support of the application for withdrawal. After inquiry, the Registrar of this Court filed a report, dated 02.12.2006. In the enquiry proceeding, the Registrar had recorded the evidence of the petitioner, Yashpal, as well as the counsel appearing on his behalf. The report, inter alia, states as follows: