- (1.) THIS contempt petition arises out of an order passed by this Court in S.L.P. (C) No. 10272/06 on 26th June, 2006 which reads as follows: Issue notice. Mr. M.P. Jha, Advocate, accepts notice on behalf of Respondent No. 1. counter affidavit to be filed by the Respondents. The Petitioner if also permitted to file additional affidavit . In the meanwhile, status quo as on today be maintained.
(2.) AS will appear from the said order, while issuing notice, which was accepted on behalf of Respondent No. 1. Municipal corporation, Gwalior, we had directed the parties to maintain status quo as on that date.
(3.) IN the contempt petition, the Petitioner has alleged that despite having knowledge of the said order, the alleged contemnors willfully and deliberately violated the same by proceeding with demolition of the Petitioner's house in respect of which a notice had earlier been issued under Section 305 of the Madhya pradesh Municipal corporation Act, 1956. The specific case made out is that the demolition work was commenced on 25th June, 2006, and continued on 26th June, 2006, and thereafter, although, the order of status quo was also made on the said date and the said order was intimated to the municipal corporation by telegram on the same date. It is the case of the Petitioner, which is supported by several affidavits affirmed by residents of the locality in question, that even after 26th June, 2006, the demolition work continued, and, in any event, the debris left over from the demolition of the structure was removed despite having the knowledge of the order of status quo even till 28th June, 2006.;