Madhya Pradesh High Court
Chandra Prabha vs Shri Sanjay Kumar Shukla on 21 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:1128
1 CONC-5403-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 21st OF JANUARY, 2025
CONTEMPT PETITION CIVIL No. 5403 of 2024
CHANDRA PRABHA
Versus
SHRI SANJAY KUMAR SHUKLA AND OTHERS
Appearance:
Shri Siddharth Sharma - Advocate for petitioner.
ORDER
This contempt petition under Aticle 215 of the Constitution of India read with Sections 10 and 12 of Contempt of Court Act has been filed complaining the non-compliance of order dated 27.08.2024 passed by Coordinate Bench of this Court in the case of Chandra Prabha Vs. State of M.P. and others in Writ Petition No.10530/2022.
2. It is submitted by counsel for petitioner that case of petitioner was that before filing of petition, road was constructed over the land belonging to the petitioner and after petition was disposed of, respondents have not removed the encroachment. However, counsel for petitioner fairly conceded that neither the factum of construction of road over the land of petitioner was admitted by respondents in their submissions nor there is any direction by this Court to remove the encroachment or whether encroachment has already been made by respondents over the land belonging to the petitioner or not ?
3. It is well established principle of law that this Court while exercising Signature Not Verified Signed by: RASHID KHAN Signing time: 1/22/2025 10:07:55 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:1128 2 CONC-5403-2024 power under Article 215 of Constitution of India cannot go beyond the order passed by the Court.
4. The Supreme Court in the case of Kangaro Industries (Regd) and others Vs. Jaininder Jain and another by order dated 06.04.2022 passed in Civil Appeal No.5007 of 2008 has held that it is not open to the court in contempt jurisdiction to enlarge the scope of relief claimed in the main proceedings.
5. The Supreme Court in the case of Er. K. Arumugam Vs. Balakrishnan and others decided on 06.02.2019 in Civil Appeal No.1510 of 2 0 1 9 has held that court has to confine itself to the four corners of "disobeyed" order while exercising contempt jurisdiction.
6. Accordingly, counsel for petitioner seeks permission of this Court to withdraw this contempt petition with liberty to avail the statutory remedy whichever may be available to him.
7. With aforesaid liberty, contempt petition is dismissed as withdrawn.
(G. S. AHLUWALIA) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 1/22/2025 10:07:55 AM