KATARIA EDUCATION SOCIETY Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is an application moved by respondent No.3, praying that the order dated 27.1.2004, by which the writ petition was disposed of, be stayed. Respondent No.3 happens to be Paschim Vihar (Block A-1) Residents Welfare Association. Petitioner M/s.Kataria Education Society had filed the writ petition, seeking a direction to the Commissioner of Police and Station House Officer to ensure that nobody, including respondent No.3, causes any obstruction or interference in the construction activities, to be undertaken by the petitioner. Petitioner's case was that it had been allotted the land and had duly got the building plans sanctioned. Respondent No.3-Residents Welfare Association and its members were causing obstruction in the construction. There were disputes between the petitioner and respondent No.3, the latter being aggrieved by the allotment of land to the petitioner and its proposal to construct a School thereon, for which the plans had been duly sanctioned. Petitioner claimed that in the civil suit, a restraint order had also been passed, which was valid, subsisting and in force, restraining respondent No.3 from interfering or causing any obstruction to the construction, which had been duly sanctioned, being raised.

(2.) The writ petition was disposed of at the admission stage itself on hearing the petitioner and respondent Nos.1 & 2 but without notice to respondent No.3, observing that the statutory authorities including the police have an obligation for maintenance of rule of law and to ensure that there is no breach of peace and the orders of the Courts are implemented. The observations made can in no manner be called adversorial or prejudicial to the applicant.

(3.) It goes without saying that the statutory authorities have an obligation to comply with the orders, passed by the Court and while disposing of the writ petition, nothing more has been noted or ordered.