MUKESH AGGARWAL Vs. AKASH TRIPATHI

JUDGEMENT

(1.) THE petitioners have filed this contempt petition under Section 10 and 12 of the Contempt of Courts Act, 1971 for taking action under the provisions of the Act against the respondents/contemners for deliberately and intentionally flouting the order passed by learned Single Judge vide order dated 16.3.2011 in Writ Petition No.1827 of 2011 whereby, the respondents-contemners were directed not to demolish the property in question of the petitioners without following due procedure of law. We would like to quote the relevant part of the order dated 16.3.2011 which as follows :

(2.) FACTS , in brief are that the petitioners purchased the property bearing Municipal No.27/742 (new No.31/1137) situated at Maharani Laxmi Marg, Lashker, Gwalior vide duly registered sale deed dated 20th December, 2007 from it's previous owner when they apprehended demolition of their said property by the respondents without giving any notice or opportunity of hearing to them, they filed the Writ petition no.1827 of 2011 praying for a direction against the respondents not to demolish any part of the property in question mentioned above.

(3.) LEARNED counsel for the petitioners further submits that immediately on 16.3.2011 after passing of the order by learned Single Judge, the respondents-contemners came on the spot at about 12 PM with JCB machines and asked the petitioners to vacate the premises. The petitioners appraised them about the order of learned writ Court and prayed that the fact of passing of the said order may be got verified from the office of Additional Advocate General Gwalior but the respondents-contemners without caring to do so demolished and destroyed the entire portion of the house/property of petitioners by 12.30 PM on the same day. Learned counsel for the petitioners further submits that the respondent no.1 holding the responsible post of Collector, district Gwalior was expected to act justly, fairly and in accordance with law but just to satisfy his ego, he has deliberately flouted the orders of learned writ Court in this case. Due to his arbitrary, illegal and unconstitutional action, the petitioners have suffered loss of Rs.25 lac in addition to damage to their image and reputation in the general public. The learned writ Court clearly directed the respondents not to take any action about demolition of the said property without following due procedure of law under the rules, but the respondents-contemners within an hour of passing of the order impugned in W.P.No.1827 of 2011 dated 16.3.2011 by learned Single Judge has demolished the said property on the pretext of it being illegal encroachment. Hence, the act of respondents-contemners amounts to contempt of this Hon'ble Court therefore, they be punished under the provisions of Contempt of Courts Act, 1971.