High CourtsDivision Bench(2020) 02 DEL CK 0301

Shiv Lal & Ors vs Amanatullah Khan, Chairman Delhi Waqf Board & Ors

Delhi High Court · Decided on 28 February 2020

HON’BLE JUDGES
D.N. Patel, C J · C.Hari Shankar, J
RESULT
Dismissed
CASE NUMBER
CONT.CAS(C) No. 174 Of 2020

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Judgment

14 paragraphs · 257 words

D.N. Patel, CJ

1.

We have heard learned counsel appearing for the petitioners who have submitted that the respondents have deliberately violated the order passed

by this Court dated 27.07.2018 in CM No.29885/2018 in W.P.(C) No.6275/2015.

2.

Having heard learned counsel for the petitioners and looking to the facts and circumstances of the case, it appears that these petitioners were

neither the party in the W.P.(C) No.6275/2015 nor the application being CM No.29885/2018 was preferred by them. The order passed by this court

dated 27.07.2018 is applicable only to the parties before the Writ Court in W.P.(C) No.6275/2015.

3.

It further appears that on 30.12.2019 the properties of the petitioners in this contempt petition were sealed and possession was taken over by Waqf

Board, as alleged by the counsel for the petitioners.

4.

Being aggrieved and feeling dissatisfied with the order dated 30.12.2019 of the Waqf Board, these petitioners have already preferred an application

bearing No. ML-44/09 (new numbers ML-85/16 and ML-37/16) along with the stay application, before the Delhi Waqf Tribunal.

5.

Thus, it appears that there is no wilful disobedience by the respondents of the order passed by this Court dated 27.07.2018 in CM No.29885/2018 in

W.P.(C) 6275/2015. Even otherwise also, action of the respondents dated 30.12.2019 is already sub-judice before the Delhi Waqf Tribunal. Learned

counsel for the petitioners submitted that next date before the Waqf Tribunal in all the aforesaid matters, preferred by these petitioners, is 19.03.2020.

6.

Hence, there is no substance in this contempt petition and the same is therefore dismissed.