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1970 Supreme(SC) 295

I.D.DUA, S.M.SIKRI
Aligarh Municipal Board – Appellant
Versus
Ekka Tonga Mazdoor Union – Respondent


Judgment

DUA, J.: In this appeal by special leave (1) the Aligarh Municipal Board, (2) the Executive Officer of the Board, (3) Shri Kanhaiyalal, Demand Inspector of the Board, (4) Ahmad Khan, peon and (5) Hoti Lal, Munshi of the Board, challenge the order of the Allahabad High Court dated 7th December, 1965 holding them guilty of contempt of that court for having disobeyed the stay order passed by it on the 29th of March, 1965.

2. It appears that there was some dispute in regard to the realisation of fees claimed by the Municipal Board of Aligarh from Ekkawalas and Tongawalas for the use of the Municipal stands at various places in Aligarh city. The two suits filed by the Ekka Tonga Mazdoor Union in this connection had been decided in its favour. As the board still persisted in realising the fees the said Union along with six of its members filed a writ petition against the Board in the Allahabad High Court . This petition was admitted on the 29th January, 1965. The Court also made an interim order of stay on that date.

That order reads:

"During the pendency of the application the respondent shall not realise any fees for the use of stands on Rathras Road, Bannadevi Road, Shri Sikandra






















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