LAWS(MPH)-2014-5-104

GAURAV PANDEY Vs. SANTOSH KUMAR SINGH

Decided On May 07, 2014
Gaurav Pandey Appellant
V/S
Santosh Kumar Singh And Others Respondents

JUDGEMENT

(1.) HEARD .

(2.) THE present petition has been filed under Section 12 of the Contempt of Courts Act read with section 215 of the Indian Constitution alleging disobedience of the directions contemplated in the order dated 29/6/09 issued in public interest in W.P. No. 625/02 in between parties Hardas Gupta and others Vs. State of M.P. 7 others. In the order dated 29/6/09 following directions were issued in operative para, which being germane to the point under consideration, may be quoted below: -

(3.) ON the other hand, Shri Raghuvanshi by submitting the return/reply to the contempt petition on behalf of contemner/respondent No. 2, pleaded that in the said writ petition, the present petitioner was not a party to the proceedings inasmuch as no such order was passed in his favour. Hence, he has no locus standi to initiate contempt proceedings. It is further submitted by the learned counsel that in pursuance to the directions issued under public interest, the competent authority took up the matter in their hands and by deputing personnel's, every attempt has been made to remove the encroachment. It is submitted that by making drive the electric polls and transformers which are coming and causing obstructions in free flow of the traffic, have been removed so that the traffic on the road may not be congested and goes smoothly. Hence, it is prayed that the present petition which is filed on the basis of reckless allegations and wrong facts is liable to be dismissed with costs and the contemners are liable to discharged.