HOLY MOTHER OF AUROBINDO ASHRAM OF PONDICHERRY Vs. SHRI DL WARJRI AND ORS

JUDGEMENT

(1.) In this contempt petition, the petitioner has alleged against the respondents "willful misuse" of the judgment and order dated 21.10.2013 as passed by this Court in WA No. 18 of 2005 and of "willful disobedience, violation and defiance" of the order dated 30.10.2013 as passed by this Court in MC No. 336 of 2013 relating to the aforesaid WA No.18 of 2005.

(2.) The actions of the respondents, complained against by the petitioner as being the contumacious misdeeds, had been of demolition of the wall at the site in question immediately after the decision of the aforesaid writ appeal and of not refraining from further acts of demolition and removal despite the order of this Court. At the first blush, such activities of the respondents appear to be indicative of their intentions to overreach the process of law and even to defy the orders of the Court and hence, this Court issued notice to them on 07.11.2013 to show cause as to why contempt proceedings be not drawn against them.

(3.) However, after having heard the learned counsel for the parties at length and having perused the material placed on record and in an overall view of the matter, this Court is unable to find it to be a case of willful and deliberate disobedience or defiance or overreach by the respondents, even if their actions on 29/30.10.2013 were not entirely discreet. Moreover, and in any case, for the significant subsequent events i.e., passing of the order by the Hon'ble Supreme Court in the final disposal of the litigation on 25.03.2015 and demarcation at the site by the authorities of the Government of Meghalaya, this Court is clearly of the view that as the contentious issues have reached their quietus and there is no reason to continue with this contempt petition any further.