MAHARAJ SINGH Vs. SHAKUNTALA JHAKU

JUDGEMENT

(1.) INVOKING contempt jurisdiction of this Court, present contempt petition has been filed by the petitioner claiming to be one of the proprietors/co-sharers of Shamlat deh "Gair Mumkin Pahar" situated at village Anangpur, District Faridabad. These proceedings have been initiated for alleged violation of the directions passed by this court in CWP No. 5968 of 1996. It may be useful to briefly refer to the factual back ground. This Court, taking cognizance or an anonymous complaint, initiated an action in sui generis and registered the same as CWP No. 5968 of 1996. During the proceedings, the Court directed the Government to constitute a one-man Commission headed by one Shri P.H. Vaishnav, retired Chief Secretary of Punjab to go into the allegations contained in the complaint. Consequent upon the directions of this court, the State of Haryana constituted the Commission who submitted his enquiry report to the Court reporting various observations in regard to violation of rules etc. Based upon the enquiry report and the reply of the State Government, this Court, while disposing of CWP No. 5968 of 1996, made following observations :

(2.) ON the basis of the aforesaid observations/direction, the petitioner herein filed CWP No. 16197 of 2006, before this Court alleging violation of the directions of this court and also asked for removal of unauthorized occupation made by respondent Nos. 4 and 5 herein who were arrayed as respondents No. 3 and 4 in the said writ petition. The aforesaid writ petition was dismissed by Hon'ble Division Bench of this Court with the following observations :

(3.) ON being put to notice, the respondents have filed their separate disclaimers pleading therein that there is no violation of the direction of the court. As far as the Municipal Corporation, Faridabad is concerned, it is stated that part of the construction was old and part of the new construction has been raised without proper sanction and part of the same has been demolished. It is further stated that the demolition of entire unauthorized construction could not be carried out, in view of an interlocutory order passed by a subordinate civil court. In so far as the reply filed by the Deputy Commissioner i.e. respondent No. 2 is concerned, it is mentioned in paragraph 2 of the writ petition that the land comprising in Khasra Nos. 659 and 920 measuring 4500 sq. ft. is recorded in the revenue record as Gair Mumkin Pahar of Shamlat Deh at Village Anangpur and respondent No. 3 is competent to take appropriate action in the matter. Respondents No. 4 and 5 in their detailed reply have referred to judgment and decree dated 19.11.2001 passed by the Additional District Judge, Faridabad in Civil Appeal No. 31/23.2.2001 titled as M/s R.C. Sood and Co etc. v. R. Kant and Co. and others. In terms of the aforesaid judgment and decree, the land in question is the shamlat deh owned by the proprietors of the village. It has further been brought on record that a decree for partition of the property has also been passed by a competent court and after passing of the preliminary decree, the property has been ordered to be partitioned by metes and bounds by appointment of Local Commissioner. However, in view of the pendency of another appeal filed by Municipal Corporation, Faridabad, finalization of the partition proceeding could not be carried out.