High Court of DelhiCONT.CAS(C)/374/2025

Shri Bhagwan v. Sh. Dharmendra And ORS.

2025-12-01Hon'Ble Mr. Justice Amit Sharma3 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 374/2025& CM APPL. 68720/2025, 71886/2025 SHRI BHAGWAN .....Petitioner Through:

Mr. Aditya, Ms. Pralika Chakkraborty, Mr. Kailash Kr. Jha, Mr. Anjani Kr.

Mishra, Mr. Fareedudin and Mr. Srejal Mishra, Advocates.

versus SH. DHARMENDRA AND ORS.

.....Respondents Through:

Mr. Tushar Sannu and Ms. Ishika Jain, Advocates for GNCTD.

Ms. Chand Chopra and Mr. Shivam Bansal, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 01.12.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 2(b) and 12 of the Contempt of Courts Act, 1971 seeks following prayers:- "I. Initiate Contempt proceedings against the Contemnors and Punish them for wilful disobedience of the Order dated 19.12.2024 passed by the Hon'ble High Court in W.P.(C) No. 17575/2024. II. Pass an order directing the Contemnors to comply in letter and spirit the directions contained in the order dated 19.12.2024 passed in W.P.(C) No. 17575 of 2024, whereby Hon'ble Court has directed the Respondents to look into the grievance of the Petitioner flagged in the writ petition and take a decision within eight weeks from today in accordance with law. III. Pass an order directing the respondents to remove the illegal encroachment from the Gram Sabha Rasta (Khasra No. 257), Village Rawta, Delhi.

IV. Pass an order imposing exemplary costs on the contemnors for having willfully and deliberately not complying with the directions of this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Hon'ble Court.

V. Pass any such directions or order that this Hon'ble Court deems fit and proper in the facts and circumstances of the above-mentioned case." 3.

Vide order dated 19.12.2024, the learned Single Judge of this Court while disposing of W.P.(C) 17575/2024, passed the following order:- "5. Learned counsel for Respondents No.1 to 3, who appears on advance copy of the petition, on instructions, submits that no complaint has been received so far by the District Magistrate, South-West District and without getting into this controversy, on instructions, submits that this writ petition will be treated as a representation and the grievance of the Petitioner will be looked into.

6. Accordingly, this writ petition is disposed of without getting into the merits of the case directing the Respondents to look into the grievance of the Petitioner flagged in the writ petition and take a decision within eight weeks from today in accordance with law. Needless to state in case of any surviving grievance, Petitioner will be at liberty to take recourse to legal remedies."

In pursuance of the above, SDM (Kapashera) Dist. South West vide order dated 29.05.2025, passed demarcation order with respect to the subject property.

Subsequently, vide order dated 04.11.2025, the SDM, Kapashera, was directed to carry out fresh demarcation. Learned counsel for the respondent has handed over in Court today a status report dated 29.11.2025, authored by SDM (Kapashera) Dist. South West, and the same is taken on record. The said status report states as under:- "9. That the demarcation proceedings were duly initiated at the site. The tentative points were shown to the stakeholders and demarcation was concluded by manual measurement by inch-tape from south-west to North-East of Kh. No. 257 and houses built upon encroached land were marked with yellow paint and while moving towards South to North old houses are found. The demarcation was concluded in presence of all stakeholders to ensure transparency and adherence to due process. Copy The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of Sketch Map is annexed as Annexure R/F.

10.It is pertinent to state that the grievance of the petitioner w.r.t removal of encroachment on the subject property is also pending consideration before the "Public Grievance Commission" whereby the Respondent no.3/SDM has also filed its status report updating the aforesaid facts.

11. That the Deponent is ready and willing to abide by any further orders)/directions) issued by this Hon'ble Court considering the facts and circumstances of the present case and seeks liberty to file additional affidavit as and when directed by the Hon'ble Court or as and when need so arises."

In view of the above, no further orders are called for in the present petition. Accordingly, the present petition is disposed of with liberty to the petitioner to take appropriate steps with respect to his complaint pending before the Public Grievance Commission.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J DECEMBER 01, 2025/sn/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.