MOHD. SHAMEEM Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This contempt appeal, u/s 19 of Contempt Of Courts Act, 1971, hereinafter referred to as the Act, emanates against the judgement and order dated 26.2.2013 passed by learned single Judge of this court in Civil Misc. Contempt Application No. 881 of 2013, between Mohd. Shameem versus Pradeep Kumar and another whereby learned single Judge has refused to draw contempt proceedings against the respondents u/s 12 of the Act, who are Up Nagar Ayukta, Nagar Nigam, Allahabad and Encroachment- In-Charge, Nagar Nigam, Allahabad and has dismissed aforementioned contempt application moved by the appellant/ applicant/ petitioner.

(2.) Ab-initio we reproduce the impugned judgement and order herein below:-

(3.) From the background facts as are gestated and gathered from the pleadings made in this appeal, it emerges that a Civil Misc. Writ Petition No. 4799 of 2013, Mohd. Shameem versus State of U.P. and Others, U/A 226 of the Constitution Of India, was filed by the petitioner/applicant/ appellant , which came up for admission before a Division Bench of this court on 6.2.2013. Arguendo the aforesaid writ petition the Bench detected misrepresentation of facts, which it has slated in it's order dated 6.2.2013. However, by the said and subsequent order dated 8.2.2013, finally disposing of aforesaid writ petition, on facts, the Hon'ble Judges found that one Mohd. Iqbal was leased out 600 Sq. feet of land by Nagar Nigam Allahabad through a registered lease deed dated 21st November 1985, for a period of thirty years starting from 17th September 1985 with an yearly rent of Rs. 25.12/=. The appellant /applicant/ petitioner is a vendor of the leased premises from the lessee vendee aforementioned Mohd. Iqbal through a duly registered sale deed dated 20th September 1994.Subsequent to the execution of the sale deed referred to hereinbefore appellant/applicant got one building plan prepared for constructing a residential dwelling unit over an area of 30x 20 ft. and in fact the appellant petitioner did construct a shop over it. However it seems that since the petitioner had raised constructions over and above the purchased premises/ leased area, therefore Nagar Nigam issued him a show cause notice of demolition dated 16.1.2013, which was received to the appellant/ petitioner/ applicant on 21.1.2013. Challenging the said notice petitioner/appellant/applicant approached this court in Civil Misc. Writ Petition No. 4799 of 2013, Mohd. Shameem versus State of U.P. and Others, and intimated the Nagar Ayukta(Municipal Commissioner) about the same vide his letter dated 28.1.2013(annexure no.4). It further transpires that when the aforementioned writ petition by the petitioner came up for admission on 6.2.2013, a Division Bench of this court passed following order vide annexure no.1 to the affidavit annexed with this appeal-