- (1.) THE genesis of this contempt petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act 1971 (for short, 'Act of 1971') is the order dated 2nd of January 2012 passed in S.B. Civil Writ Petition No.1026 of 2011 and order dated 9th of August 2012 passed in S.B. Civil Review Petition No.35 of 2012 both laid by the petitioner. In the contempt petition, the petitioner has hurled many insinuations against the respondent - contemnors castigating them for committing blatant contempt of the orders passed by this Court.
(2.) THERE remains no quarrel in the legal position that this Court while taking up the contempt matters, more particularly civil contempt, is primarily concerned with the acts and omissions attributed to the alleged contemnor as to whether he is guilty of willful disobedience of the order passed by this Court or not, and therefore, it is not necessary to examine the checkered factual background of the case. However, looking to the provisions, which are bone of contention embracing certain technical requirements, and the fact that learned counsel for the parties have addressed on many vital issues for thrashing out those issues, it has become imperative for the Court to have a glance at the factual background of the case, which has culminated into this contempt petition.
(3.) SUCCINCTLY stated, the facts of the case are that the petitioner, a dealer of Petrol and High Speed Diesel (HSD) of Indian Oil Corporation Limited, having its petrol pump situated at village Paldi Khichiyan, District Jodhpur, submitted a writ petition challenging the allotment of dealership to the third respondent by BPCL at the site, which is nearby the petrol pump of the petitioner. As per the version of the petitioner, the allotment of dealership and setting up of a petrol pump by fourth respondent at the site is contrary to the guidelines issued by the State Government and as such No Objection Certificate (NOC) cannot be issued to the company BPCL.;