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2025 Supreme(Online)(P&H) 3882
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Amrik Singh, J
GURMEET SINGH – Appellant
Versus
NAVDEEP KAUR AND ANOTHER – Respondent
Contempt Petition
For the Appellants/Petitioners: Amrik Singh
For the Respondents: Animesh Sharma, Vijay Kumar Chaudhary
Court affirmed compliance with prior orders, discharging contempt due to demonstrated adherence to legal instructions.
Headnote:(A) Contempt of Court - Non-compliance with court orders - Respondents complied with the earlier court order, leading to the discharge of contempt - Relevant statutory provisions observed during eviction procedures. (Paras 1-5)
(B) Compliance - The court affirms the necessity of compliance with legal orders and the consequences of disobedience, emphasizing that compliance was achieved satisfactorily in the present case. (Paras 4-5)
Facts of the case:
The petitioner filed a contempt petition alleging non-compliance with a prior court order regarding eviction from panchayat land, which was later confirmed as complied with by the respondent's affidavit.
Findings of Court:
The court noted that the order dated 18.01.2023 was fully complied with based on the evidence presented.
Issues: The primary issue was whether the contempt petition was valid given the compliance established by the respondents.
Ratio Decidendi: The court held that since compliance was demonstrated through proper affidavit and documentation, the contempt was purged.
Result: Rule discharged.
| Table of Content |
|---|
| 1. petition filed for non-compliance with court order. (Para 1) |
| 2. evidence submitted for compliances with eviction orders. (Para 2 , 3) |
| 3. contempt purged due to evident compliance. (Para 4 , 5) |
Present: Mr. Amrik Singh, Advocate for the petitioner.
Mr. Animesh Sharma, Addl. A.G, Punjab.
Mr. Vijay Kumar Chaudhary, Advocate for respondent No.2.
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1. The contempt petition has been filed for deliberate and intentional disobedience of order dated 18.01.2023 passed in CWP-17015-
2022, which is reproduced as under:-
“1. After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw the present petition.
2. Permission granted.
3. Consequently, the extant petition is dismissed as withdrawn. However, the Gram Panchayat concerned, is directed to forthwith draw a motion under the relevant statutory provisions before the learned Collector concerned, for removal of the enchroachments, if any, as occur on the panchayat land.
4. On the above motion being preferred within two weeks from today, the same shall be decided within four months thereafter, but only in accordance with law, and, after hearing all the affected persons concerned”
2. Learned State counsel contends that in compliance of order dated 18.01.2023, affidavit of Ms. Navdeep Kaur, District Development and Panchayat Officer, Ludhiana, District Ludhiana, Punjab, dated 22.01.2024 along with Annexure R-1/1 to Annexure R-1/5 has already been filed.
3. The relevant para of affidavit dated 22.01.2024 is reproduced as under:-
“4.That, in this regard, it is submitted that the Sarpanch of the Gram Panchayat, Sahibana, earlier filed an eviction petition dated 06.09.2018 under sections 4 and 5 of the Punjab Public Premises Act, for the eviction of the illegal occupants, including Harbans Kaur wife of Balwant Singh being represented by the petitioner as her power of attorney, in the instant writ petition. A true typed copy of the eviction petition dated 06.09.2018 is being annexed herewith as ANNEXURE R-1/1. The said eviction petition was allowed vide order dated 22.03.2019, wherein the direction was issued to get the demarcation of the land in dispute conducted and if anyone found in illegal occupation, then the said person be got evicted from the illegal occupation. A true translated copy of the order dated 22.03.2019 is being annexed herewith as ANNEXURE R-1/2T.
6. That accordingly, the demarcation was conducted and the demarcation report dated 07.11.2022 was submitted and the compliance report by way of affidavit was filed in the said writ petition. Thereafter, the said writ petition was disposed off, vide order dated 18.01.2023 (Annexure P-1). In compliance of the above order dated 18.01.2023, the warrant of possession order 03.02.2023 was issued by the Court of Collector-cum-District Development and Panchayat Officer, Ludhiana, for eviction of the illegal occupants, wherein it is stated that the possession of the land in dispute be handed over to the Gram Panchayat and report be send. In case any stay order is produced in this regard, the same be implemented. A true translated copy of the warrant of possession order dated 03.02.2023 is being annexed herewith as ANNEXURE R-1/3/T.
7. That after issuance of warrant of possession dated 03.02.2023 (Annexure R-1/1) and in compliance to the order dated 18.01.2023 (Annexure P-1), the answering respondent issued letter dated 15.05.2023, where in it is stated that in compliance to the order dated 18.01.2023, passed by this Hon'ble Court in CWP No. 17015 of 2022, the possession of the land in dispute be handed over to the Gram Panchayat. A true translated copy of the letter dated 15.05.2023 is being annexed herewith as ANNEXURE R- 1/4T and its true copy as ANNEXURE R-1/4.
9. That in the said writ petition CWP 13571 of 2023, on 9.06.2023, during the course of hearing, the Hon'ble
