KAMLESH KUMARI Vs. SHAKTI SAGAR BHATIA

JUDGEMENT

(1.) Petitioner has filed instant contempt petition under sections 12 of Contempt of Courts Act, 1971 seeking initiation of contempt proceedings against the respondents for will fully, deliberately and intentionally disobeying the order of the learned Additional District Judge, Jalandhar dated 11.09.2014 (P-3) whereby the learned Additional District Judge, Jalandhar stayed the demolition order/notice dated 09.09.2014.

(2.) Learned Counsel for the petitioner has argued that the order dated 11.09.2014 (P-3) was violated by the respondents as despite the stay order granted by the Court for not demolishing Booth No. 234, Opposite Kartar Bus Service Near Damoria Pull, the same has been demolished. It has been further argued that the stay order was conveyed to the respondents and even shown at the site and in support of this contention reliance has been placed on photographs Annexure P-4. Thus it is argued that the respondents have will fully disobeyed the order dated 11.09.2014 and, therefore, have committed contempt of Court.

(3.) On the other hand learned Counsel for the official respondents have taken a plea that the petitioner had raised unauthorised construction at his booth and, therefore, the unauthorised construction only was demolished by the respondents after giving statutory notice dated 20.08.2014. This notice was challenged by the petitioner before the learned Additional District Judge, Jalandhar in which the order dated 11.09.2014 was passed. However, the stay order was not brought to the notice of the official respondents till 15.09.2014 when the copies of grounds of appeal and application along with notice issued by the learned Additional District Judge was submitted to them. Apart from that it was argued that the petitioner has encroached upon public land and the said encroachment was liable to be removed instantaneously in terms of the directions dated 04.10.2008 passed by this Court in CWP No. 4886 of 2003 titled as Court on its own motion v. State of Punjab and others. It was further argued that the instant petition itself is not maintainable by relying upon the judgment passed by Hon'ble Supreme Court in Kanwar Singh Saini v. High Court of Delhi Decided on 23.09.2011 passed in Criminal Appeal No. 1798 of 2009. Thus prayer was made for dismissal of the contempt petition.