SANMATI SABHA Vs. J K MITTAL & ORS

JUDGEMENT

(1.) This intra court Letters Patent Appeal by Sanmati Sabha, Priyadarshini Vihar, impugns orders dated 29th July, 2016 and 7th September, 2016 passed by single Judges of this court in Contempt Case No. 339/2008.

(2.) At the outset, we record that though this appeal arises from contempt proceedings, it is not possible to dispose of the appeal keeping in view the parameters of contempt jurisdiction. The reason is a string of orders passed in the contempt proceedings and collateral proceedings which are noticed below. Hence we have tried to find a solution and adjudicate the dispute raised in the present appeal in a larger context and have not strictly gone by scope and ambit contempt jurisdiction. The aim and object has been to ensure that justice is done.

(3.) Mr. J. K. Mittal the first respondent in the present appeal had filed Writ Petition (Crl.) No. 153/2007 in which one of the prayers was for direction to register an FIR against Mr. U.S. Vajpayee, the fourth respondent, who was the President of the Residents Welfare Association of Priyadarshini Vihar. In addition, Mr. J.K. Mittal had prayed for direction that all public authorities should be directed to remove encroachment on public land and register cases against encroachers.