Show cause notice

cchs1962 (Querist) 07 April 2013 This query is : Resolved
The residents of the society want to give show cause notice to the municipal commissioner and other state government departments in context of continuous breach of status quo by the builder against whom the case is pending in the court. How and what should be included in show cause notice?

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Raj Kumar Makkad (Expert) 07 April 2013
Show cause notice cannot be given by society to MC and other govt. officers in the given case rather a legal notice should be given through your lawyer.

It depends upon the facts of the issue to be made part of the notice. It has also to be decided by your lawyer whether the matter should be directly brought before the court in the pending case or a fresh notice is required so better to consult your lawyer in this regard.

prabhakar singh (Expert) 07 April 2013
When the breach of status quo is being committed by the builder then you need to
initiate contempt against builder in the court which passed the order.If it is an order passed by Civil Court then proceedings under u/o.39 r 2 a is required.In addition
demolition of construction raised after passing of status quo can also be prayed under s.151 C.P.C.

Who are you to serve so cause notice to municipal commissioner and other state government departments ?
If they have some nexus with the builder file writ against them.

Raj Kumar Makkad (Expert) 07 April 2013
Show cause notice can be issued by a superior authority to its inferior.

prabhakar singh (Expert) 07 April 2013
Mr. Makkad is right in his remark.

ajay sethi (Expert) 07 April 2013
contact a local lawyer . if builder has violated terms and conditions of court order file contempt proceedings against the builder

Sudhir Kumar, Advocate Online

(Expert) 07 April 2013
Agreed with Mr Makkar. You do not understand facts and act as advised by mr Sethi.

Devajyoti Barman (Expert) 07 April 2013
If the builder is violating the court order then what would the Municipal Commissioner do.
Lodge complaint in court in contempt of court than knocking wrong doors.