Hemant Gupta, J. - (1.) THE grievance of the petitioners in the present contempt petition is that though this Court has passed an order of stay of demolition of the shops on 18.11.1999, still the respondents have demolished the shops and, thus, violated the order passed by this Court.
(2.) THE Municipal Committee, Smalkha, has initiated proceedings against the petitioners under the provisions of Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972. The Collector passed an order of ejectment of the petitioners on 5.8.1999. The petitioners filed appeal before the Commissioner but the same could not be taken up for hearing because there was no incumbent of the office of the Commissioner. Therefore, the petitioners invoked the writ jurisdiction of this Court which passed an order of stay demolition on 18.11.1999. It is admitted by learned Counsel for the petitioners that their appeal against the order of ejectment has been dismissed by the learned Commissioner as well. It is the case of the petitioners that demolition has been carried out by the respondents on 19.11.1999 at about 2.00 p.m. after the order passed by this Court was communicated to the respondents at about 9.00 a.m. Learned Counsel for the petitioners has argued that the shops have been demolished in violation of the procedure prescribed by law.
(3.) IN reply, it has been pointed out that, in fact, encroachment made by the petitioners was got removed on 17.11.1999 in pursuance of the order of ejectment dated 5.8.1999. Rapat No. 27 dated 17.11.1999 at 3.45 p.m. was entered in the daily dairy register of Police Station, Samalkha, as well as news in respect of said demolition appeared in the newspaper "Amar Ujala" and "Dainik Jagran" published on 18.11.1999. It was also pointed out that, in fact, written statement was filed before the civil Court in the suit on 18.11.1999, in which the petitioners sought injunction, pointing out that possession has been taken over on 17.11.1999.;