MOHAMMAD MAJID KHAN Vs. B P SINGH

JUDGEMENT

(1.) This is a petition filed under Sections 11 and 12 of the Contempt of Courts Act by the petitioner. In CM. No. 2062/2003 on 18-2-2003, the following Order was passed :

(2.) Counter affidavit has been filed by respondents. It is claimed in the counter affidavit that the Order dated 18-2-2003 was not served on the respondents. The letter from the respondent's counsel was received on 5-3-2003.

(3.) It is averred that the Executive Engineer vide letter dated 24-2-2003 had asked the Junior Engineer to remove the bricks and lodge FIR, if necessary. The Junior Engineer vide letter dated 28-2-2003, informed the police chowki in-charge that they propose to remove the bricks on 28-2-2003 and sought assistance. It is claimed that General Secretary of the Residents Welfare Society also protested and the residents desired that the bricks be removed and the unauthorised occupation may be put an end to. Respondents claim that the petitioner was not in possession considering that in the month of December 2002 a crockery sale. had been organised in the said lawn. Learned counsel for the petitioner submits that the sale of crockery which was organised was far away from the plot in occupation of the petitioner. Learned counsel for the petitioner submits that once the stay Order against dispossession has been passed in the presence of the counsel, the respondents had no reason whatsoever to take law into their hands and act in contravention of the Orders passed by this Court and hence they ought to be punished for the contempt committed.