MADAN MOHAN DAMMANI Vs. MAQSOOD AHMED

JUDGEMENT

(1.) The present contempt petition arises out of interim order dated 19.1.2012 passed by the coordinate Bench of this Court in SBCWP No.2314/2011 - Madan Mohan Dammani v. State of Rajasthan. The directions of interim order while admitting the writ petition after hearing the learned counsel for the respondent - UIT are in following terms :

(2.) The case revolves round the plot of land situated in the jurisdiction of UIT, Bikaner, of which the petitioner appears to have earlier held a lease for setting up of Burma Shell petroleum outlet which lease, admittedly came to an end in the year 1984. The petitioner, however, continued to be in possession of said plot thereafter. The present writ petition No.2314/2011 in which aforesaid interim order was passed by this Court was filed on 14.3.2011 challenging the auction proceedings undertaken by the respondent - UIT of the said plot of land. The respondent - UIT in the reply stated that the said auction of plot was undertaken in the month of March, 2011 on 24.3.2011 and lease-deed was executed in favour of one Yasin Enclave Enterprises Pvt. Ltd. Ion 11.5.2011. A copy of the lease-deed has been filed in the writ petition with additional affidavit of Maula Bux S/o Sh. Mohd. Hussain, OSD of UIT, Bikaner. The said auction in favour of Yasin Enclave Enteprises Pvt. Ltd. is said to have been finalised for a sum of Rs.3,84,81,250/-.

(3.) The learned counsel for the petitioner, Mr. M.C. Bhoot Sr. Advocate assisted by Mr. Surendra Singh submitted that after passing of the interim order on 19.1.2012, the same was communicated to the Secretary of the respondent - UIT vide letter Ex.3 dated 20.1.2012. Vide para 4 of the contempt petition, it is stated that auction purchaser Mr. Yasin Khan of the said Company started the construction of a boundary wall on the disputed site at the oral instruction of contemnor No.1 Maqsood Ahmed, recently appointed as the Chairman of the UIT, Bikaner, who was so appointed on 19.12.2011. Mr. Bhoot urged that the matter was listed before this Court on 18.1.2012 when an oral undertaking was given before the Court by the learned counsel for the respondent UIT, Bikaner to maintain status quo. However, when the matter was again listed on 19.1.2012, the aforesaid order was passed by this Court. He submitted that after supply of copy of the stay order of this Court on 20.1.2012, from the reply of the respondents - contemnors, it appears that the Secretary of the UIT, Bikaner instructed the Tehsildar of UIT, Bikaner vice communication dated 23.1.2012 to ensure compliance of the status quo order of this Court and again Secretary of the UIT, Bikaner appeared to have written to the auction purchaser M/s Yasin Enclave Enterprises Pvt. Ltd. vide Annex.2 dated 27.1.2012 directing them to maintain status quo, which copy was received by them on 30.1.2012. Mr. M.C. Bhoot, therefore, urged that the respondent - contemnors Mr. Maqsood Ahmed, Chairman, UIT, Bikaner, Sh.Sudarshan Bhayana, Secretary, UIT, Bikaner and Maula Bux, Officer on Special Duty, UIT, Bikaner failed to comply and abide by the status quo order of this Court dated 19.1.2012 and oral undertaking of the learned counsel for the respondents in letter and spirit and allowed the auction purchaser M/s Yasin Enclave Enterprises Pvt. Ltd. to go ahead with the construction of the boundary wall at the disputed site and they have committed contempt of this Court by breach of said interim order and they deserve to be suitably punished.