Delhi Northern Railway Accounts ... vs Lt. Governor And Ors.
1997 Latest Caselaw 672 Del

JUDGMENT

Devinder Gupta, J.

(1) This petition was filed on 19th July, 1992 alleging violation of the order passed by the Division Bench on 12th May, 1992 in Cm 3436/ 92 in Cw 1751/92. The order was passed ex parte. Petitioner was required to file photographs. Parties were directed to maintain status quo. Mr. U.L. Walwani was appointed as Local Commissioner to visit the site. It is stated that respondent No. 3 made deliberate violation of the order of status quo inasmuch as construction was raised thereafter by respondent No. 3.

(2) We have gone through the affidavit and reply filed by respondent No. 3 stating therein that no construction activity was carried out after the order of the Court was shown on site by the Local Commissioner appointed by the Court. When the Local Commissioner visited the spot respondent No. 3 was in the process of fixing a wooden door by two hinges, which was also completed in the presence of the Local Commissioner and thereafter no construction activity of any kind whatsoever was carried out by respondent No. 3.

(3) There is no material brought on record by the petitioner of violation of order of status quo after the same had been brought to the notice of the respondent. Having gone through the affidavits exchanged we are of the view that the notice issued in the case deserves to be vacated and no action is called for since there has been no wilful disobedience or disregard of the order. Notice is discharged and the petition is dismissed.