S M MUNIRUDDIN Vs. M DANA KISHORE

JUDGEMENT

(1.) This Contempt Case is filed alleging willful disobedience of the order dt.17.04.2018 passed in W.P. No.9532 of 2018 by this Court. The said interim order stands as under:

(2.) It is the contention of the counsel for the petitioner that after the said order is passed, petitioner has requested the 2nd respondent to remove encroachment made by the 5th respondent in the Writ Petition in the petitioner's property and to demolish the same, but the 2nd respondent failed to comply with the said order though it was served on 27.04.2018. It is alleged that only a show cause notice dt.26.04.2018 was issued by the 2nd respondent, which states as under:

(3.) It is contended that this is not a show cause notice under Section 452(1) of the Act because it does not even contain the word show cause anywhere in it; and that thereafter a notice under Section 452(2) of the Act was issued on 19.05.2018 styling it as a "show cause notice" and asking the 5th respondent in the Writ Petition to show cause as to why the building erected should not be removed/altered or amended/pulled down. It is contended that because of the inaction of the 2nd respondent, the 5th respondent in the Writ Petition had completed his construction by encroaching into the property of the petitioner and therefore, the 2nd respondent should be punished for contempt of Court.