IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.1373 of 2005 Date of Decision:- 8.1.2008 Bishan Dass ....Petitioner(s) through Mr.Suresh Kumar, Advocate for Mr.V.G.Dogra, Advocate. vs. Smt.Shanti Rani @ Shanti Devi ....Respondent(s) through Mr.Rajnish Narula, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This contempt petition has arisen out of an alleged wilful and deliberate violation of an undertaking given by the respondents before the learned Civil Court on 19.11.2004. It may be mentioned here that the respondents jointly made a statement before the learned Civil Judge (Junior Division), Ludhiana on 19.11.2004 to the following effect:- “We hereby undertake not to dispossess the plaintiff forcibly and illegally except due course of law and earlier we did not try to dispossess the present plaintiff as alleged, and not to interfere in the use of latrine, passage etc. in the possession of plaintiff.” Alleging that in violation of the undertaking given, the C.O.C.P. No.1373 of 2005 -2- respondents have forcibly demolished the wall of the structure and have, thus, dispossessed the petitioner therefrom, this contempt petition has been filed. Show cause notice was issued and the presence of the respondents was secured by issuing bailable warrants against them. In order to purge the contempt which they had prima facie committed, the respondents gave an undertaking before this Court that they shall re-construct the structure in the same condition as it was earlier. It appears that the respondents have raised the construction and a temporary shed has been provided to enable the petitioner to carry on with his business. The petitioner, however, contends that previous structure was built of cement whereas the present structure has been raised with mud only. It is further contended on behalf of the petitioner that due to demolition of the structure, the power-supply has also been disconnected and as such he is unable to carry on with his business activities. After hearing learned counsel for the parties and in terms of the consensus arrived at amongst them, this petition is disposed of with the following directions:- (i)the respondents are directed to pay a sum of Rs.2500/- to the petitioner on or before 19.1.2008 which he may spend on cementing of the structure; (ii) the petitioner shall be liable to clear the dues, if any, of electricity charges and shall apply for restoration of the power connection; (iii)the respondents shall give their necessary affidavit, application, undertaking and/or any other document, as may C.O.C.P. No.1373 of 2005 -3- be required by the Authorities of the PSEB, for restoration of the power supply. Any delay on the part of the respondents in complying with these directions shall entitle the petitioner to get this contempt petition revived; and (iv)the Executive Engineer/SDO, PSEB of the area concerned is further directed to restore the power-connection in the said structure subject to compliance of the requisite conditions by the petitioner and the respondents. Rule discharged. January 08, 2008 ( SURYA KANT ) poonam JUDGE