KRISHAN LAL Vs. RAKHA SINGH JANGU

JUDGEMENT

(1.) SHRI Krishan Lal has filed this contempt petition under Section 12 read with Section 14 of the Contempt of Courts Act for punishing the respondents as they have flouted the orders dated 28.5.1962, passed by the learned Sub Judge Ist Class, Amloh.

(2.) THE facts giving rise to this petition, briefly stated, are as follows :- Krishan Lal owned a house situated in Ward No. 2 within the municipal limits of Amloh. In front of the house, there was a 'Chabutra' and drain pipe. On 27.3.1962, the Municipal Committee, Amloh (hereinafter referred to as 'the Committee') had passed a resolution and decided to demolish the 'Chabutra' and the drain. The petitioner, therefore, filed a suit for permanent injunction restraining the Municipal Committee from demolishing the 'Chabutra' and drain built on the site belonging to him.

(3.) THE Executive Officer-respondent No. 2, as per allegations contained in this petition, threatened to demolish the 'Chabutra'. On 16.3.2000, the petitioner issued a notice bringing to the notice of the Committee that it cannot construct any drain by demolishing the Chabutra as it is exclusively owned by him. Reference to the judgment and decree passed by the Civil Court, as above, finds mention therein. A representation was also submitted to the Deputy Commissioner on 3.5.2000, but the official respondents with the help of private respondents demolished the said Chabutra on 9.5.2000. In this way, they have intentionally and wilfully flouted the orders passed by the civil Court.