ORDER :

1. The present contempt petition under the provisions of Contempt of Courts Act, is filed under Article 215 of the Constitution of India read with provisions under the Contempt of Courts Act, for seeking the following reliefs:

“13(a) Your Lordships may be pleased to Admit and allow this Misc. Civil Application.

(b) Your Lordships may be pleased to hold the Respondents no. 2 and 3 guilty of willfully disobeying the order dated 03.02.2023 passed by this Hon’ble Court in Special Criminal Application No. 1661 of 2023 as well as the directions of the Hon’ble Apex Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and may further be pleased to pass an order of punishment against the Respondents no. 2 and 3 under the provisions of the Contempt of Courts Act, 1971 in the facts and circumstances of the case and in the interest of justice.

(c) Your Lordships may be pleased to pass any other and further relief deemed just and proper be granted in the interest of justice.”

2. The background of fact which has given rise to this petition is that a dispute arose with respect to land bearing Survey No. 72/1 admeasuring 1 acre 15 gunthas at Vesu village District Surat. The original owner of the said land was one Shri Rustomji Hormasji. On 21.08.1985 the said original owner has executed an agreement to sell along with possession in favour of the applicant after receiving entire sale consideration of Rs.40,401/- and since then, the applicant is stated to be in possession. On 29.08.2022, the applicant filed a civil suit being Special Civil Suit No. 176 of 2022 in the court of learned Senior Civil Judge, Surat through Power of Attorney Holder inter alia seeking relief of specific performance of agreement to sell dated 21.08.1995 and had also prayed for declaration and injunction. The applicant had also filed an application for interim relief as well as application for appointment of Court Commissioner. However, with a view to pressurize the applicant to withdraw the suit, a complaint came to be filed.

2.1. The applicant on 03.09.2022 had also filed detailed complaint before the Police Inspector, Umra Police Station against the original complainant for the offences punishable under Sections 406, 420, 465, 467, 468, 469, 471, 474, 114, 120B and 34 of the Indian Penal Code and also under the provisions of Land Grabbing Act, since anti social elements were also threatening the applicant and as such, one Mr. Mahesh Vasva had filed the said compliant as Power of Attorney Holder of the present applicant. It is the assertion of the present applicant that the court below on an application for appointment of Court Commissioner issued summons to all the concerned parties on 03.09.2022 and also asked them to remain personally present on the subject land on the next date i.e. 04.09.2022 for the purpose of drawing panchnama. On the said date i.e. on 04.09.2022, the Court Commissioner had drawn panchnama in the presence of applicant as well as original complainant and others and report was prepared and submitted before the concerned court in which it was revealed that possession is found to be with the applicant. It is the case of the applicant that report of the Court Commissioner indicated that the applicant had placed two boards at the subject land stating the the possession of the applicant and restraining any one to enter the land without prior permission of the applicant. However, on 13.09.2022 when the applicant visited the subject land, it was found that the some unknown person had removed two boards which were installed on the subject land and as such, the applicant made necessary compliant to the Police Inspector, Umra Police Station, Surat for taking appropriate steps. Later on, on 15.10.2022, the applicant was constrained to make an application before the Police Inspector, in-charge of Vesu Police Station for granting police protection so as to prevent anti social elements which were deputed by the original complainant to oust the a