SANDEEP SHARMA
Lal Chand – Appellant
Versus
Dharam Chand – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, prayer has been made on behalf of the petitioners for initiation of the contempt proceedings against the respondents for their having willfully and intentionally disobeyed the mandate contained in order dated 17.2.2022, passed by this Court in CWP No. 719 of 2022, whereby this Court while directing the learned Additional Advocate General to have instructions ordered that till the next date of hearing, head Office building of respondent No.4 shall not be leased out/rented out. Since despite there being aforesaid order, respondent leased out the Head Office building on respondent No.4, to M/s Harsh Industries, petitioners have approached this Court in the instant proceedings for initiation of action against the respondent.
2. Pursuant to notice issued in the instant proceedings, respondent has filed reply, perusal whereof reveals that head office building of respondent No.4 was leased out/rented out to the M/s Harsh Industries on 1.3.2022, but since interim order was not extended on 28.2.2022, respondent remained under the impression that interim order dated 17.2.2022 has lost its efficacy.
3. Though learned counsel for the petiti
Ashok Kumar and Others v. State of Haryana and Another
Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai and Others
Provisions of Act should be construed having regard to purport and intent.
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
Willful disobedience of a court order requires knowledge of the order; lack of such knowledge negates contempt.
Judicial orders must be respected and implemented promptly by authorities, without dependency on petitioner actions, to uphold court dignity.
Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.
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