Basheer Shaik (None) 10 September 2010

Contempt of Court

Dear Legal Experts,

My neighbor has encroached the common passage between my plot and his, and is constructing a multi-stored building. We approached the High Court and got a stay order, but my neighbor never honored it and still continuing his illegal construction, with strong backing from local authorities and politicians. We filed a Contempt of Court petition, but it is not being heard by the court for the last 4 months, while my neighbor is completing his illegal construction uninterrupted. Under these circumstances, as a law-abiding citizen, I would like to know what are the options available for me. Really appreciate any help on this.

Thanks,

Basheer.

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 10 September 2010

You can also approach the municipal corporation along with a copy of the stay application to restrain him from making construction with immediate effect.

Basheer Shaik (None) 10 September 2010

Thank you very much for the response. Unfortunately, the municipal commissioner is part of the problem and is the first respondent for our writ.

Thanks,

Basheer.

Adesh Kumar Sharma (Senior Associate Lawyer) 10 September 2010

Dear Mr. Shaik,

you should move an early hearing application before the court mentioning all the fact of contempt..............You can file the photograph alongwith the application of previous construction and the construction raised after granting of stay to substantiate your version.

File a complaint in black and white before Municipal authority as well as Police alongwith copy to stay order and take receiving thereof. So that you can make them party not to complying the order of the high court from abstaining the respondent frm raising construction in existance of stay order.

Thanks