Subash Chander Bajaj vs Poonam Bhatnagar, Executive Officer, ...
2024 Latest Caselaw 9485 P&H

Punjab-Haryana High Court

Subash Chander Bajaj vs Poonam Bhatnagar, Executive Officer, ... on 2 May, 2024

Author: Rajbir Sehrawat

Bench: Rajbir Sehrawat

                                    Neutral Citation No:=2024:PHHC:060882



                                    2024:PHHC:060882
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

222                                            COCP-3046-2023
                                               Date of decision: 02.05.2024

SUBASH CHANDER BAJAJ                                               ...Petitioner

                                     Versus

POONAM BHATNAGAR, EXECUTIVE OFFICER, MC, FEROZEPUR

                                                                 ...Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:-    Mr. M.K.Sajjan, Advocate,
             for the petitioner.

             Ms. Harpriya Khaneka, Advocate,
             for the respondent.

                   ****

RAJBIR SEHRAWAT, J. (Oral)

1. This is a contempt petition filed under Section 12 of the

Contempt of Courts Act, for punishing the respondent for disobeying the

order dated 09.12.2022 passed in RSA-3116-2018.

2. Affidavit of Smt. Poonam Bhatnagar, Executive Officer,

Municipal Council, Ferozepur City, Punjab, filed in the Registry, is taken

on record.

3. Counsel for the respondent has submitted that as per the

judgment dated 09.12.2022 passed in RSA-3116-2018, the appellant in the

aforesaid regular second appeal had undertaken to remove the wall which

had been constructed over and above the roof of the second floor.

However, the said wall has not been removed by that person. Therefore, the

respondent has given him repeated notices as well. Further action shall

follow as per law. Beyond that, nothing is required to be done by the

respondent, at this stage. It is further submitted that the present petitioner

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Neutral Citation No:=2024:PHHC:060882

2024:PHHC:060882 COCP-3046-2023 /2/

has no cause of action to file the present contempt petition.

4. The above-said factual aspect has not been disputed by the

counsel for the petitioner.

5. In view of the above, the present petition is dismissed.

6. However, if the petitioner is having any grievance legally

sustainable, he will be at liberty to take any other alternate remedy, but in

accordance with law.

02.05.2024                                             (RAJBIR SEHRAWAT)
parveen kumar                                                JUDGE

                Whether reasoned/speaking?        Yes/No
                Whether reportable?               Yes/No




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