S.C.Mathur, J. - (1.) Ram Prakash and brothers through Sri Ram Prakash had directed this application under S- 11 of the Contempt of Courts Act, 1971 against the Nagar Mahapalika, Lucknow and six of its officials viz. Sri Rajiv Ratan Shah, the then administrator, Sri J. C. Seth, Upnagar Adhikari, Sri Mahesh Chandra. Up-Prashasak, Sri S.K. Sabbarwal, Nagar Adhiyanta, Sri Viswanath Prasad Srivastava, Inspector and Sri Lekhram Chowdhary. Inspector. During the pendency of the application Sri S.K. Sabbarwal and Viswanath Prasad Srivastava died and the application against them abated. Nagar Mahapalika, opposite party 1 is a statutory body and only its officials can be punished for the alleged contempt. The application therefore survives against Sri Shah, Sri Seth, Sri Chandra and Sri Choudhary. These officers are alleged to have removed the petitioner's wooden stall at Hazaratganj, Lucknow on 2-2-1975 in violation of the interim injunction issued by the learned District Judge, Lucknow on 8-7-1965, Annexure 4, which was confirmed by this Court through its judgment and order Dt. 23-11-1972 passed in appeal preferred by the Nagar Mahapalika, Lucknow.
(2.) The petitioner's case is that in the year 1948 he put up a stall on a piece of land situate at Hazaratganj, Lucknow after obtaining the same on rent from its owner Newal Kishore Estate. According to him this stall was 16' away from the footpath and was much behind the alignment of the arcade in which certain persons had put up stalls. In short, the petitioner's case is that his stall was not situate either on a public or Mahapalika road or public or Mahapalika land. On 9-6-1965 the Nagar Mahapalika issued notice to the petitioner stating therein that his stall was unauthorised and required him to show cause why the same may not be removed. The petitioner submitted his reply stating therein that he had not made any encroachment and that the notice was illegal. The Nagar Adhiyanta (Bhawan) sent reply D/- 25-1-69 accepting that the petitioner's stall was not situate on Mahapalika land and that the notice was being treated as cancelled and the legal proceedings were being dropped. Before receipt of this reply the petitioner had filed regular suit 1 of 1965, in the Court of the learned District Judge, Lucknow, challenging the legality of the notice and right of the Nagar Mahapalika to remove his stall. Similar notices had been given to certain other stall holders also and they too joined the petitioner in filing the suit against the Mahapalika. In this suit an application was moved for interim injunction on which the following order was passed on 10-6-1965 (Annexure A to the affidavit dated 19-3-1982 filed along with Criminal Misc. Application, 171 of 1982). Heard. Issue notice for 9-7-65. Restrain meanwhile as prayed. The Deputy Nazir will serve the injunction order today in this case as well as the other four similar cases... .
(3.) On the basis of the above order formal injunction order was issued and served upon the Mukhya Nagar Adhikari on 10-6-1965 itself. Relevant portion of the order reads as follows: ...this court doth order that an injunction be awarded to restrain you, Mukhya Nagar Adhikari, Nagar Mahapalika, Lucknow defendant in the above case, your servants, agents and workers from evicting, dispossessing the above noted plaintiffs from their stalls, till the disposal of this application....;