(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicant original petitioner complains of non compliance of interim order dated 10.11.2011 passed by Learned Single Judge in Special Civil Application No.16882/2011. In the said order following directions were given :
"Status-quo as on date be maintained by all in respect of possession of the property and the petitioner also shall not in any manner alienate or encumber the property in question. Direct service permitted today."
Case of the applicant is that despite said order of status-quo, Collector Nadiad on 14.11.2011 passed an order suspending implementation of tender process with respect to newly constructed shops which were to be given on rent. It is the case of the petitioner that he is inducted as a lessee by the Municipality.
In response to the notice issued in this contempt proceedings, respondents have appeared. Collector, Kheda has filed an affidavit dated 31.1.2012 in which he has stated that due to inadvertent error and miscommunication despite this Court's order, order dated 14.11.2011 came to be passed without any mala fide intention on his part.
Quite apart from accepting such version of the Collector, we are of the opinion that by interim order what the Learned Single Judge provided was to maintain status-quo with respect to possession of the property. The petitioner also directed not to alienate or encumber the property in question. Thus the entire intention of Learned Single Judge was to protect the possession of the petitioner for the property in question. Collector by his order dated 14.11.2011 could not be seen to have directed that the petitioner be dispossessed. Even otherwise it is not the case of the petitioner that after 14.11.2011 any of the authorities had threatened the petitioner with dispossession of the premises.
In that view of the matter, we close the contempt proceedings leaving it open to the petitioner to challenge the order of the Collector dated 14.11.2011 in accordance with law, if so found necessary. It is clarified that in any case neither side shall disturb the status-quo of the property in question till further orders by this Court in the main proceedings. Contempt proceedings are disposed of accordingly. Notice is discharged.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top