Heard.
The present contempt petition has been filed alleging that despite the Division Bench order of this Court dated 18.03.2020 passed in Writ -C No.7014 of 2020 in re:- Darpan Sahu Vs. State of U.P. & others, which categorically provided in paragraph 10(d) of the said order that "no demolition exercise shall be carried out at the instance of District Administration or any authorities under the State Government/local bodies for a period of two weeks, i.e. till 06.04.2020" the respondent-contemnors demolished a part of the house of the petitioner on 20.03.2020 in the early morning. It is, thus, contended that once a specific order of no demolition to be made having been passed by a Division Bench of this Court, consequently, the respondent-contemnors while proceeding to demolish a part of the house of the petitioner have committed deliberate and willful disobedience of the aforesaid order. It is also contended that the said order being an order in-rem, as such alleging non-compliance, a contempt petition can be filed.
To this, Sri Rakesh Kumar Chaudhary, learned counsel appearing for respondent no.4 and learned Standing Counsel submit that the aforesaid order passed by the Division Bench of this Court was stayed by the Apex Court vide order dated 20.03.2020 in S.L.P. No.10669 of 2020. This fact is not disputed by the learned counsel for the petitioner.
Learned Standing Counsel and Sri Chaudhary placing reliance upon the judgment of Apex Court in the case of Shree Chamundi Mopeds Ltd. Vs. Church Of South India Trust Association, (1992) 3 SCC Page 1 contends that once the order of the Division Bench of this Court was stayed on 20.03.2020, consequently, in case any such demolition has been carried out, the same cannot be construed to be in deliberate and wilful disobedience of the aforesaid order passed by the Division Bench of this Court.
Another aspect of the matter has been indicated by the learned Standing Counsel by contending that after the demolition the petitioner had filed Writ Petition No.8405 (M/B) of 2020 in re: Mohan Lal Vs. State of U.P. & others before this Court in which relief (3) was "issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties to re-construct the demolished portion of the house of the petitioner and he may be paid damages for the same."
It is contended that the writ court vide judgment and order dated 03.06.2020, a copy of which is Annexure 1 to the short counter affidavit filed on behalf of respondent no.1, disposed of the writ petition and no relief has been granted to the petitioner for the aforesaid. It is, thus, contended that once the aforesaid relief has not been granted, consequently, the relief would be deemed to have been refused. It is, thus, contended that once the writ court itself has not granted relief to the petitioner, consequently, the demolition that has been carried out and the order of the Division Bench of this Court dated 18.03.2020 having been stayed by the Apex Court on 20.03.2020, as such it cannot be said that the respondents run in contempt to the Division Bench order of this Court dated 18.03.2020.
Having heard the learned counsel for the parties and having perused the record what comes out is that the Division Bench of this Court had passed an order on 18.03.2020. One of the directions issued by the Division Bench was that no demolition exercise shall be carried out at the instance of District Administration or any authorities till 06.04.2020. Subsequently, the said order has been stayed by the Apex Court on 20.03.2020 itself. Considering the law laid down by the Apex Court in the case of Shree Chamundi Mopeds Ltd. Vs. Church Of South India Trust Association (supra) it cannot be said that the order dated 18.03.2020 is now enforceable. Even otherwise petitioner being aggrieved against the demolition having been carried out proceeded to file Writ Petition No.8405 (M/B) of 2020 in which one of the reliefs prayed for was for reconstruction of the demolished portion of house of the petitioner which relief has not been granted by the writ court. Subsequent to the aforesaid writ petition having been disposed off the present contempt petition has been filed in July 2020.
Considering the aforesaid and considering the stay order of the Apex Court dated 20.03.2020 it cannot be said that the respondents run in contempt to the order dated 18.03.2020 passed by the Division Bench of this Court. Accordingly, the contempt petition is dismissed. Notices are discharged.
Order Date :- 3.2.2021 Anand Sri./-