- (1.) This application under section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) has been filed by the applicant alleging that the opposite parties nos.4 to 7, in collusion with the officers of the Police Department, namely, the opposite parties nos.1 to 3 have wilfully and knowingly flouted the interim injunction order granted by the Division Bench on 8.9.2009 in Writ Petition No.47467 of 2009, Rajesh Kumar Yadav versus State of U.P. and others. The order dated 8.9.2009 is reproduced herein below- "Issue notice to respondent nos.5 to 18. Steps be taken within two weeks. Learned Standing Counsel appears for respondent nos.1 to 4.
(2.) By this petition, petitioner has prayed for a mandamus restraining the respondents and their agents from evicting the petitioner from Khasra No. 258 and 255, District, Agra. Petitioner's case in the writ petition is that he has filed a Suit No. 517/2009 in the Court of Civil Judge, (Jr. Division), Agra in which interim application was taken up and Amin's report was was called which has also been submitted vide report dated 22/8/2009. Learned counsel for the petitioner submits that since there is a strike of lawyers in the Judgeship of Agra due to which the petitioner is unable to get his interim application considered by the Trial Court. The allegation is that the respondent no.4 has visited the petitioner's premise and the petitioner is being threatened to be evicted. Learned Standing Counsel after obtaining instruction has informed the Court that even today the work in the Agra Judgeship is paralysed due to ongoing strike of the lawyers.
(3.) Considering the aforesaid we provide that till the application of the petitioner for interim application is considered by the Trial Court, the respondent no.4 shall not change the possession as is existing on the spot without there being any order of the competent court.;