MOHAMMAD GAZAIUDDIN AHMED Vs. BHANWARLAL DIST COLLECTOR

JUDGEMENT

(1.) This Court passed an order of status quo on 25-8-1999. Thereafter an application came to be filed alleging disobedience of the order of this Court. Counter has been filed by Collector-respondent No.1 who says that the order was received by the respondent on 31-8-1999 and he immediately communicated it to the executing agency. The work had in fact been taken up on 7-7-1999 much before filing of the Writ Petition. The order of this Court has not been violated at all. After receipt of the order no construction was made. The petitioner on the other hand has produced some photographs and has stated that even after the order of the Court the construction went on.

(2.) Now, it is a disputed question whether the construction went on after the order of status quo was passed, or not. Therefore, it needs to be decided by leading evidence. However, the learned Advocate-General appearing for the respondents relies on a judgment of Supreme Court in State of J & K vs. Mohd. Yaqoob Khan and others. According to the learned Advocate General, since the respondents had filed a Vacate Stay Petition immediately after the order was received, therefore contempt proceedings would not lie. He submits that, the order has not become final as the respondents had filed a detailed counter and a vacate stay petition on 6-9-99, since no orders have been passed in the vacate stay petition even if it was shown that the respondents had proceeded with the construction that would not amount to Contempt of Court. This argument cannot be accepted. This is not the import of the judgment referred to above by the learned Advocate General. Para 5 of the judgment of the Supreme Court is reproduced:

(3.) The petitioner may, if he so chooses, lead the evidence after furnishing a list of documents and names of witnesses to the respondents and to the registry. If such a list is submitted before the Registrar (Judicial) within one week he may summon the witnesses and examine them. After summoning the witnesses and examining them the respondents shall be given a chance to produce evidence in rebuttal. After completion of evidence, the matter be placed again before the Court. However, if the petitioner fails to submit the list of witnesses and documents within the time stipulated, the matter shall be treated to have been closed.