Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.

Hon’ble Smt. Justice Rajani Dubey (C.A.V. Order )

1. The petitioners have filed this contempt petition due to willful disobedience of order dated 17.09.2021 passed in WPC No. 3775/2021 by the respondents/contemnors, whereby as an interim relief direction was issued not to forceful demolish the house of the petitioner till the next date of hearing. The passing of the order dated 17.09.2021 was brought into the knowledge of the respondents/contemnors by way of representation dated 20.07.2022. However, despite the representation and the knowledge of passing of the interim order, the respondent No. 3 demolished the construction and started the construction of Gothan, thereby committed a deliberate violation of this Court’s order.

2. Learned counsel for the petitioners would submit that the act of the respondents/contemnors squarely falls within the definition of civil contempt, being willful disobedience of the order dated 17.09.2021 (Annexure C-1) passed by this Court, attracting action under the Contempt of Courts Act, 1971 as well as Article 215 of the Constitution of India.

3. After issuing notice to the respondents/contemnors, respondent No.2 has submitted its reply. Respondent No. 2 has taken very much cared of passing of the interim order and also directed that no interference with regard to the demolition in the property of the petitioners be intervened, as such, no contempt is made out against the respondent No. 2. He further submits that since the final order has been passed by the SDO on 07.12.2021 in the case of the petitioners, as such, interim relief has rendered infructuous. Without prejudice to the above, respondent No. 2 submits that the final order has been passed on 07.12.2021 and in compliance of the interim major given to the petitioners, respondent No. 2 has directed the Additional Tahsildar, Bhatgaon and Gram Panchayat Dharasheel that no demolition would be done, therefore, respondent No. 2 has not done any willful disobedience of the order dated 17.09.2021 passed by this Court. He would further submit that after receiving a notice, he directed the concerned Patwari to submit its report regarding the demolition and in pursuance thereof, the Patwari has submitted its report stating therein that construction of Gothan work was not going on and no house has been demolished and the report of the Patwari clearly demonstrates that no construction after the order of this Court has been raised and no demolition was taken place causing no loss to the house of the petitioners, in these circumstances no case of contempt is made out against the respondent No. 2. Therefore, the contempt petition being devoid of merit, is liable to be dismissed.

4. Respondent No. 3 has also filed its reply stating therein that the respondent No. 3 never intended to disobey the order of this Court or order of any authority. She further submits that after passing of the order dated 17.09.2021, the authorities concerned as well as the respondents were duly complying with the order of this Court till the order dated 07.12.2021 is passed by Sub-Divisional Officer (Revenue), Bilaigarh in Appeal No. 202107211200042-A/89 of 2020-21, whereby the S.D.O. has dismissed the appeal of the petitioners. After dismissal appeal of the petitioners, respondent No. 3 made a communication dated 10.02.2022 to the Chief Executive Officer, Janpad Panchayat, Bilaigarh for necessary proceedings in the matter. She would further submit that the instant contempt petition has been filed on 22.07.2022 after lapse of more than seven months after the dismissal of t