Virender Kumar Chopra v. Virender Lather And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP No.337 of 2026 (O&M) Date of decision: April 20th, 2026 Virender Kumar Chopra .....Petitioner

Versus

Virender Lather, IAS and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Dr. Payel Mehta, Advocate for the petitioner.

Mr. Jagdish Manchanda, Senior Advocate with Mr. Nischal Chetanya Manchanda, Mr. Devyansh and Mr. Saksham Kaushik, Advocates for respondent No.3.

Ms. Navneet Kaur, Advocate (through V.C.).

VIKAS BAHL, J. (ORAL) 1.

This is a contempt petition filed under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 for initiation of contempt proceedings against the respondents for their wilful and intentional disobedience of the order dated 19.04.2024 passed by the coordinate Bench of this Court. 2.

Learned senior counsel appearing for the Municipal Council, has filed a detailed affidavit which reads as under: "7.

That the Municipal Council Ambala Sadar approached the SDM, Ambala Cantt vide letter bearing no. MCAS/2026/160 dated 07.04.2026 for removed the illegal encroachment with police help and appointment of Duty Magistrate and the said letter has been considered by the SDM, Ambala Cantt on 09.04.2026 and appointed

the Sh. Ravinder, ETO office of Deputy Excise and Taxation Commissioner (Sale Tax) Ambala being the Duty Magistrate.

8.

That after passing the order dated 09.04.2026 by the SDM, Ambala Cantt with regard to removal of illegal encroachments from the area of Subhash Colony, Ambala Cantt. On 15.04.2026, the Executive Officer along with Police and other staff come to the spot and Duty Magistrate Sh. Ravinder, ETO office of Deputy Excise and Taxation Commissioner (Sale Taxi Ambala was also present in the spot and have starting to remove the illegal encroachment from the drain and also started to remove the ramps which were illegally constructed on the street land by the peoples of areas Subhash Colony, Ambala Cantt.

9.

That in the mean time in the same day i.e. 15.04.2026 large peoples of the locality requested the duty magistrate Sh. Ravinder, ETO office of Deputy Excise and Taxation Commissioner (Sale Tax) Ambala that they will remove the illegal encroachment from the drains and also remove the ramps within one week and in this regard, they submitted in writing to the Executive Officer, Municipal Council Ambala Sadar.

10.

That the Duty Magistrate after considering the request of the large peoples of the locality give a chance to remove the illegal encroachment from 15.04.2026 to 22.04.2026 otherwise the Municipal Council Ambala Sadar will remove the all illegal encroachments in the area."

3.

Learned senior counsel for respondent No.3 has further pointed out that as per the order passed by the coordinate Bench, a speaking order was required to be passed which has also been passed. It is submitted that

action in accordance with law would be taken in the present case. 4.

Learned counsel for the petitioner has submitted that in view of the same, the present petition be disposed of but the respondent No.3 be bound by the statement made on their behalf before this Court and also by their stand taken before this Court.

5.

Keeping in view the abovesaid facts and circumstances, the present petition is disposed of. Respondent No.3 would be bound by the statement made and the stand taken before this Court on his behalf. 6.

Pending applications, if any, stand disposed of. April 20th, 2026 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No