Shiv Lal & Ors vs Amanatullah Khan , Chairman Delhi ...
2020 Latest Caselaw 1359 Del

                                $~34
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                               Date of Decision: 28.02.2020

                                +       CONT.CAS(C) 174/2020

                                        SHIV LAL & ORS                                 ..... Petitioners
                                                      Through:        Mr. P.K. Chaudhary with Mr. Jitender
                                                                      Sahay, Mr. Praveen Chaudhary &
                                                                      Mr. Kalash Chhabra, Advs.

                                                          versus

                                        AMANATULLAH KHAN, CHAIRMAN DELHI WAQF BOARD &
                                        ORS                                 ..... Respondents

Through: Mr. Tariq Adeeb, Adv. for Delhi Waqf Board.

Mr. Naushad Ahmed Khan, ASC (Civil), GNCTD with Mr. Zahid Haif, Adv. for GNCTD.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

D.N. PATEL, CHIEF JUSTICE (Oral)

1. We have heard learned counsel appearing for the petitioners who have submitted that the respondents have deliberately violated the order passed by this Court dated 27.07.2018 in CM No.29885/2018 in W.P.(C) No.6275/2015.

2. Having heard learned counsel for the petitioners and looking to the facts and circumstances of the case, it appears that these petitioners were neither the party in the W.P.(C) No.6275/2015 nor the application being CM

Signature Not Verified

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:05.03.2020 13:05 No.29885/2018 was preferred by them. The order passed by this court dated 27.07.2018 is applicable only to the parties before the Writ Court in W.P.(C) No.6275/2015.

3. It further appears that on 30.12.2019 the properties of the petitioners in this contempt petition were sealed and possession was taken over by Waqf Board, as alleged by the counsel for the petitioners.

4. Being aggrieved and feeling dissatisfied with the order dated 30.12.2019 of the Waqf Board, these petitioners have already preferred an application bearing No. ML-44/09 (new numbers ML-85/16 and ML-37/16) along with the stay application, before the Delhi Waqf Tribunal.

5. Thus, it appears that there is no wilful disobedience by the respondents of the order passed by this Court dated 27.07.2018 in CM No.29885/2018 in W.P.(C) 6275/2015. Even otherwise also, action of the respondents dated 30.12.2019 is already sub-judice before the Delhi Waqf Tribunal. Learned counsel for the petitioners submitted that next date before the Waqf Tribunal in all the aforesaid matters, preferred by these petitioners, is 19.03.2020.

6. Hence, there is no substance in this contempt petition and the same is therefore dismissed.

CHIEF JUSTICE

C.HARI SHANKAR, J FEBRUARY 28, 2020 kks

Signature Not Verified

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:05.03.2020 13:05