Raj Kumar Nayak vs Rishab Dev Ola And Ors

For stated reasons, the application bearing inward no.1 dated 30.07.2019 filed by petitioner under Article 226 of the Constitution of India read with Order 1 Rule 10 and Section 151 of the Code of Civil Procedure, 1908, is allowed. The persons as prayed for are ordered to be impleaded as party-respondents. The amended cause-title is ordered to be taken on record. Office to place the same at its appropriate place.

With the consent of the parties, the matter is taken up for hearing.

This contempt petition has been filed alleging noncompliance of the order of this Court dated 24.10.2016, which reads as under:-

"1. The petitioner will approach respondent No.2 by way of an appropriate application in view of affidavit and reply stated as under:-

"The Municipal Board, Pilani being a State Authority is duty bound to remove any encroachment upon the public land in question or in the land vested with the Municipal Board. But the answering respondent has not received any representation or any complaint whatsoever on behalf of the resident of the said locality situated in the land in dispute."

If such an application is made, the respondent will take immediate action and if action is not taken, it will be open for the petitioner to challenge the inaction on the part of respondent No.2 before this Court.

The petition stands disposed of accordingly."

Learned counsel for petitioner submitted that even though the petitioner has submitted an application to the respondent Municipal Board in terms of the aforesaid order, the respondents have not taken any action for removal of encroachments.

A perusal of the aforesaid order indicates that this Court in para 2 thereof required the respondents to take immediate action if an application is submitted by the petitioner but at the same time also further observed that if the action is not taken it will be open for the petitioner to challenge the inaction on the part of the respondent no.2, before this Court. There is no definite direction for removal of encroachment in a time bound manner. Therefore, the contempt petition cannot be entertained muchless for alleged willful or deliberate contempt of any part of the aforesaid order. It however goes without saying that the petitioner, if so advised, can file and maintain a fresh petition challenging the inaction on the part of the respondent no.2 before this Court.

With that liberty to the petitioner, the contempt petition is dismissed. Notices stand discharged.