PRIT PAL SINGH Vs. BAKSHI RAM

JUDGEMENT

(1.) The petitioner filed CWP No. 13343 of 2001 in which, while issuing notice of motion, a Division Bench of this Court directed that there shall be an "interim order in the same terms" as in CWP No. 2077 of 2001. In CWP No. 2077 of 2001, a Division Bench, vide order dated 14.2.2001 (Annexure P-1), had stayed dispossession of the petitioner. Consequently, by virtue of the interim order dated 3.9.2001, referred to above, the petitioner's dispossession also stood stayed from the subject land. The afore-mentioned interim order was passed by this Court in writ proceedings wherein the action of the Improvement Trust, to include the subject property in its development scheme, though earlier the same was exempted, was under challenge.

(2.) Alleging that despite the ad-interim order dated 3.9.2001, whereby his dispossession was stayed, the respondents forcibly entered the premises and bulldozed a part of the building as is depicted in the photographs, Annexures P-3 to P-5, the petitioner has filed this contempt petition.

(3.) In response to the show cause, the respondents have put in appearance and an affidavit dated 1.9.2002 has been filed by the third respondent, in which a specific plea has been taken that much before passing of the interim order dated 3.9.2001, possession of the subject property had been taken by the Improvement Trust on 30.8.2001. It is, thus, contended that the interim order was obtained by the petitioner by concealing the material facts.