AJAY KUMAR Vs. KEWAL KUMAR JAGGI
LAWS(SC)-2021-7-43
SUPREME COURT OF INDIA
Decided on July 08,2021

AJAY KUMAR Appellant
VERSUS
Kewal Kumar Jaggi Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 24.06.2021 in Contempt Case No. 708 of 2020 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur.
(3.) The contempt petition was instituted by the respondents alleging wilful disobedience of the directions in Writ Petition (C) No. 21481 of 2013. The respondents, as land owners of about 51.57 acres, had filed the aforestated writ petition alleging that they were being obstructed by the appellants from carrying out any kind of activities on their land. This was notwithstanding that the land had not been notified under Section 3 of the Works of Defence Act, 1903 (hereinafter referred to as the '1903 Act'). The reliefs claimed in the writ petition read thus: "7. RELIEF SOUGHT: In view of the facts mentioned in para 5 above, the petitioner prays the following reliefs: (i) The Hon'ble High Court may kindly be pleased (to) issue a writ of mandamus against the respondents not to disturb or restrain the respondents not to interfere in the using of the land by the Petitioners. (ii) This Hon'ble Court (may) further direct to the respondents not to disturb to user and possession of the Petitioners. (iii) Any other efficacious remedies and or relief/ reliefs, which this Hon'ble High Court deems fit and proper, in the circumstances of the case kindly be granted to the petitioners in the interest of justice. 8. INTERIM ORDER, IF ANY PRAYED FOR: Till the final disposal of the main petition the respondents may kindly be restrained not to interfere or disturb or to user and possession of the Petitioner in the land." ;


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