Anurag Payal vs Om Prakash & Others

Manoj Kumar Tiwari, J

This Contempt Petition has been filed alleging wilful disobedience of the order dated 31.01.2018 passed by Hon’ble Supreme Court in Special

Leave to Appeal (C) No. 8519 of 2006.

It is alleged that, despite the restraint order issued by Hon’ble Supreme Court, respondents have constructed a religious gate illegally at

Kharashrot area in Muni Ki Reti, Rishikesh. Response affidavits have been filed by the respondents. The Executive Officer and Chairman, Nagar

Palika Parishad, Muni-ki-Reti, Rishikesh have also filed their response affidavit. Paragraph No. 4 of the response affidavit, filed by Executive Officer,

Nagar Palika Parishad, Muni Ki Reti, is extracted below:

“4. That at the very outset it is most respectfully submitted that the Entrance Colony gate namely Valmiki Gate is not a Religious structure and has

been constructed by the Valmiki Community from their contribution pursuant to the Resolutions passed by the Nagarpalika and the after due

permission for the beautification and reconstruction of the same.â€​

Along with the response affidavit, final order passed in WPMS No. 2919 of 2016 filed by the petitioner, has been enclosed. The said writ petition

was filed by the petitioner for removal of the gate in question. The aforesaid writ petition was dismissed. The prayer made in the said writ petition was

for removal of welcome gate of Balmiki Basti fixed/installed on iron angles. The prayer made in the said writ petition is reproduced below:-

“a writ order or direction in the nature of mandamus commanding the respondents to remove the Welcome Gate of Balmiki Basti fixed/installed on

Iron Angles on 17.10.2016 in Kharashatrot Road Ward No. 1 Muni Ki Reti Tehri Garhwal and further direct the respondents to installed/construct the

Gate of Balmiki Basti at the place determined by resolution No. 8(6) passed by the Board of Nagar Palika Parishad in its meeting dated 23.08.2014.â€​

The gate, which petitioner is alleging as a religious structure, was referred by him as welcome gate in his earlier writ petition. It is thus apparent that

petitioner has not approached this Court with clean hands.

Since there is no religious structure constructed in the Balmiki Basti in violation of the order passed by Hon’ble Supreme Court, therefore, no

contempt is made out.

Accordingly, Contempt Petition is dismissed. Contempt notices issued to respondents are hereby discharged.