( 1. ) THIS is an application by Mohammad Naseer Khan for contempt against the 12 respondents, who are, respectively, the Municipal - Corporation, Bhopal, and its officers and servants and two Sub-Inspectors of Police. It is said that the respondents and each of them were guilty of contempt of Court, in that:

(i) There was. on the part of each a deliberate disobedience of a stay order of this Court dated 28-8-1972 issued against the Municipal Corporation, Bhopal, directing it to refrain forthwith from demolishing the superstructure of his house which was in excess of the sanction and, therefore, was an unauthorised construction, by carrying the work of demolition despite the stay order;

(ii) All of them, in general showed disrespect to this Court by refusing to look into the order, and the municipal officers, in particular, made derogatory remarks showing their contempt for its authority. It is said that the respondent No. 4, Ayub Raza, Assistant Engineer, uttered the words-456mplj1976.jpg Words of similar nature, it is said, were uttered by other municipal officers and servants; and

(iii) The two Sub-Inspectors of police placed the applicants son mohammad Siddique under arrest when he tried to prevent the demolition of the superstructure.

( 2. ) IN Mohammad Nasir Khan v. Municipal Corporation, Bhopal (Criminal Revision No7483 of 19727 d/-28-8-1972.), I had made a direction to the following effect:

"28 8-72. Shri Faizanuddin for the applicant, heard. The learned counsel states that consequent upon the conviction of the applicant under section 187 (8) of the M. P. Municipalities Act, 1961, the Municipal Corporation has served the applicant with a notice under section 307 (2) of the Madhya Pradesh Municipal corporation Act, 1956 to show cause why the structure should not be demolished. The revision has already been fixed lor 30-8-1972, both for admission as well as for stay. The Municipal Corporation has been noticed to put in appearance on the date. In the circumstances, it is expected that the Municipal Corporation will refrain from giving effect to its notice under section 307 (2) of the Madhya Pradesh Municipal Corporation Act, 195 till 30-8-1972, i. e. , the date of hearing. A certified copy of the order be granted to the applicant on payment of necessary charges. "

( 3. ) IN response to the notice issued by this Court, the respondents have appeared in person and also showed cause. They deny the allegations made against them and in support of their denial have filed counter-affidavits Their version is as follows:

(1) The affidavit of P. C. Jain, Assistant Engineer is that in pursuance of the order of demolition issued by the City Engineer, he reached the spot with a demolition squad of 50 labourers, along with a police force at about 8. 15 A. M. Ayyub Raza, Assistant Engineer also reached the spot at the same time.

Immediately thereafter, the work of demolition started. Neither the applicant nor his son were then present. After a while, the applicants son, Mohammad Siddique came to the site and started abusing the municipal officers, and produced a certified copy of the order. On perusal of the order, he stopped the demolition work. However, as he was unable to understand the true import of the order, and could not decide on his own whether any further action should be taken, he requested Mohammad siddique to accompany him to the Corporation office, in the municipal jeep. On the way, Mohammad Siddique asked him to see his lawyer, Shri faizanuddin. They accordingly went to his place Shri Faizanuddin explained to him that the order was a stay order and that was the usual way in which stay order was granted. Not being satisfied with his explanation, he thought it fit to seek- further instructions from R. C. Kapoor, City engineer. He reached the Corporation office, at about 9. 30 A. M. and he was instructed by Kapoor to stop the work. He further denies that neither ayyub Raza nor he or any other employee of the Municipal Co