Case Note & Summary
The present contempt petition arises out of Writ Petition No. 1683 of 1997, which was disposed of by the Bombay High Court on 24.8.1998 in terms of the minutes of the order. The petitioners, who were the landlords in the earlier writ petition, alleged that the respondents, including the Municipal Corporation of Solapur and its officers, failed to take further action to remove encroachers from their land, thereby committing contempt of court. The contempt petition was filed on 15.12.1998. Subsequently, the petitioners filed another writ petition, being Writ Petition No. 6234 of 2000. In that petition, the Deputy Engineer of the Corporation filed an affidavit on 29.3.2001 stating that on 22.3.2001, demolition was carried out by evicting occupants who were not eligible for alternate plots, and that four eligible occupants were to be provided alternate land. The court noted that the demolition had been carried out and the petitioners had already approached the court in a subsequent writ petition. The court held that the contempt petition had become infructuous as the order had been complied with and the petitioners had alternative remedy. The contempt petition was accordingly dismissed.
Headnote
A) Contempt of Court - Wilful Disobedience - Compliance of Order - The contempt petition alleged that the respondents failed to remove encroachers from the petitioners' land despite the court's order. However, the court found that the demolition was carried out on 22.3.2001 and the petitioners had filed a subsequent writ petition, making the contempt proceedings infructuous. Held that no case for contempt is made out as the order has been complied with and the petitioners have alternative remedy. (Paras 1-3)
Issue of Consideration
Whether the respondents committed contempt of court by wilfully disobeying the order dated 24.8.1998 in Writ Petition No. 1683 of 1997.
Final Decision
The contempt petition is dismissed as infructuous.
Law Points
- Contempt of court
- wilful disobedience
- compliance of order
- subsequent writ petition
- infructuous proceedings
