Badshah Khan v. Rajbir Singh Biduri & Ors.

Delhi High Court · 06 May 2013 · 2013:DHC:2315

G. S. Sistani

WP(C) 2109/2010

2013:DHC:2315

administrative petition_dismissed

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The Delhi High Court dismissed a contempt petition alleging violation of its orders after finding the property sealed and no evidence of wilful disobedience by the respondents.

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WP(C) 2109/2010
HIGH COURT OF DELHI
CONT.CAS.(C) 169/2013

JUDGMENT

Reserved on : April 29, 2013

Judgment Pronounced on : May 06 , 2013 BADSHAH KHAN ..... Petitioner
Through: Mr.M.M.Kashyap, Advocate

versus

RAJBIR SINGH BIDURI & ORS. ..... Respondents
Through: Mr.Anshuj Dhingra and Mr.Anubhav Mehrotra, Advocates for MCD.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI G.S. SISTANI, J.

1. Petitioner alleges wilful disobedience of the order dated 19th December, 2012 passed in WP(C) No.7314/2012 and order dated 4th February 2013 passed in WP(C) No.7314/2012.

2. It is submitted that on 19th December, 2012 this Court had restrained the respondent No.4 i.e. one Shri Saleem from carrying out any commercial activity except in accordance with law. It is alleged that the respondent No.4 was running a mathi shop. It is contended that the petitioner was running the shop without any municipal licence. Since the order had not been complied with a Contempt Petition bearing No.4/2013 was filed pursuant to which the MCD sealed the property No.E-241/2 Gali No.9, Shastri Park, Delhi. The complaint of the petitioner is that after the shop in question was sealed the respondent No.5 has broken the locks and seal, and carried out renovation work in the shop. Notice in this petition was issued. Status report has been handed over in Court on affidavit along 2013:DHC:2315 WP(C) 2109/2010 with supporting photographs. Para 2, 3, 4 and 5 read as under:-

“2. That the petitioner has alleged that the respondent EDMC committing contempt of orders dated 19.12.2012 passed in Writ Petition No.7314/2012 and orders dated 4.2.2013 in contempt petition No.4/2013 and order dated 4.2.2013 in writ petition No.7314/2012 the petitioner has further made allegations that respondent No.5 Saleem broke open the seal of the property No.241/2, Gali No.9, Shastri Park, Delhi on 14.2.2013 at 12.45 PM. 3. That the petitioner is misguiding this Hon‟ble Court and it is submitted that the seal of the property mentioned above is intact and there is no tampering of seal at the site. It is submitted that the officials of Health Department has taken photographs of the site and seal property on dated 22.4.2013. Copy of the photographs are annexed as Annexure „A‟. 4. That the answering respondent has complied with the directions passed by this Hon‟ble Court and presently no commercial activities are going on in the property in question and the property is still lying sealed. 5. That the petitioner is filing false and fabricated petitions and misguiding this Hon‟ble Court by placing false information before the Hon‟ble Court.”

3. The status report and the supporting photographs show that the property is lying sealed.

4. In view of the status report and the photographs no grounds made out to initiate contempt proceedings. Respondents no.1 to 4 are directed to keep a strict vigilance over the property. The contempt petition is dismissed. G.S.SISTANI, J MAY 06, 2013 dk

Badshah Khan v. Rajbir Singh Biduri & Ors.

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JUDGMENT

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