Jullian Alexander v. D S Deshi Chief Secretary To Govt Of Haryana

COCP 953/2018 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 953/2018 (O&M) Date of decision:21.03.2018.

Jullian Alexander ..............Petitioner v.

DS Deshi,IAS ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Jullian Alexander,petitioner in person Jaswant Singh,J,(Oral).

Petitioner is honorary Secretary of the Leper Mission Society, Ambala City, which claims itself to be owner of a piece of land measuring 29 kanals 15 marlas situated within khasra no.23//35,Khatauni no.464,Patti Suba Akbarpur (Revenue Estate NO.49),Near Kalka Chowk,Tehsil and District Ambala.

A public spirited person namely Sarabjeet Singh Gulati filed CWP 11804/2016 wherein Government machinery is impleaded as respondents 1 to 4 and the Leper Mission Society is respondent no.5 and a builder-cum-developer as respondent no.6. The allegation is that the developer has encroached upon the land owned by the Society and FIR No.37 dated 13.10.2008 was registered with the State Vigilance Bureau at the complaint of public spirited members of the society. The said writ petition claiming restoration of the land to the Society alongwith 2 other connected writs came up for hearing on 28.9.2017 before a Division Bench of this Court wherein State of Haryana was Rajinder Parshad Joshi 2018.03.21 17:12 I attest to the accuracy and integrity of this document

COCP 953/2018 (O&M) directed to file a status report with the details of the sale deeds and the names of the parties concerned. The matter was listed for 31.1.2018 for doing the needful.

Present contempt has been filed by the honorary Secretary of the aforesaid Society with the allegations that no status report has been filed by the State of Haryana by 31.1.2018 in pending CWP 11804/2016, therefore, they have committed contempt of the directions contained in the order dated 28.9.2017.

After hearing the petitioner in person, in my opinion, no occasion has arisen for invoking the contempt jurisdiction. The writ petition is stated to be pending before the Hon'ble Division Bench, and the impact and consequences of filing or non-filing of the status report, is to be judged by the same Court. As such,there is no willful disobedience so as to warrant invocation of the contempt jurisdiction.

Dismissed.

21.03.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.03.21 17:12 I attest to the accuracy and integrity of this document