SHILA SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) It has been alleged that the said opposite party demolished the petitioner's structure without following the procedure laid down under Section 59 of the Bihar State Housing Board Act. It is submitted that the said order was passed on 14.8.1997 and the said opposite parties had full-knowledge of the order which was handed-over to Respondent No. 2 on 5.7.1998. This order was duty acknowledged by the office, but in spite of receipt of the order, the opposite party Nos.2 and 3 got the petitioner's structure demolished in a gross violation of the order of this Court and they are liable to be punished for committing Contempt of this Court.

(2.) It has been submitted that the opposite parties have not acted in violation of the order passed by this Court and has not committed Contempt of Court.

(3.) Mr. A.K. Das, learned counsel appearing on behalf of the petitioner submitted that the statement made in the show cause reply is factually false and baseless. The opposite parties were in full-knowledge about the order of this Court, whereby the said authorities of the Housing Board were restrained from demolishing the structure without following the procedure, provided under Section 59 of the Act, but the opposite party in defiance of the said order deliberately and knowingly got the structure removed by usual force. In view of the said admitted position the said opposite parties have rendered themselves liable for suitable punishment for committing Contempt of this Court.