JUDGMENT 1. - Heard learned Counsel for the parties on this contempt petition as well as on the writ petition filed by the petitioner. The petitioner has filed this petition as a public minded person seeking following directions of the Court in the interest of public. (i) The respondents be restrained from constructing any building for the use of office of Municipal Corporation or in any manner covering any peace of ground land known as Rawan-Ka-Chabutra between Residency Road and Barakatulla Stadium and between Pal Road and Kalpatru Road. (ii) Respondents may be restrained from curtailing the rights of public at large of Jodhpur from freely using the complete open land of Rawan-Ka-Chabutra for their social and religious and cultural gatherings and celebrations of Dashara and Rawan Dahan. 2. The petition was founded on the assertions and apprehensions that the open space in question which is known as 'Rawan-Ka-Chabutra' since long time past and is a place where every years Dashara festival is being celebrated by destroying the effigies of Rawan, Kumbhkaran and Meghnath symbolising victory of good over evil. It is a place of public assemblage for the citizens of this town for periodical amusement, fairs, installed here, or for organising trade fairs, since time before the memory of present people goes. Part of this open place was covered by developing a stadia about two decades ago. On the remaining open portion of the site of Dashara Festival ground, where the Municipal Corporation, Jodhpur proposed to construct its official head quarters which could have covered substantial part of this open space and destroyed its public purpose, the present writ petition was filed for the aforesaid relief. 3. The petitioner not only claimed direction for restraining the respondent from constructing the building for the office of Municipal Corporation but also has sought directions for restraining the respondents from covering any place in the open area known as 'Rawan-Ka-Chabutra' which is bounded in length between Residency Road and Barakatulla Khan Stadium from North to South and between Pal Road and Kalpatru Road between West to East in breadth. It was also prayed by the petitioner that the said land should be kept open for general use for public assemblage and facilities. 4. Notices of this petition were issued on 13.04.1998. It was also prayed by the petitioner that the said land should be kept open for general use for public assemblage and facilities. 4. Notices of this petition were issued on 13.04.1998. The matter came up for consideration on interim relief for restraining the respondents from raising of the proposed construction of Municipality Office on 6.7.1998. The order recorded the statement made by learned counsel for the respondents No. 2 and 3 is as under: HON'BLE MR. JUSTICE B.J. SHETHNA, J. HON'BLE MR. JUSTICE A.K. SINGH, J. 6.7.1998 A.K. Rajvanshy, for the petitioner P. Tatiya, D. Mahashwari, for the Respondent Nos. 2 & 3. Heard the learned Counsel for the parties. Learned Counsel for the respondents state that presently the respondent No. 2 is not going to put up any construction and as and when they want to put up the construction, they will not do so with the prior permission of this Court. Sd/- Sd/- 5. Since that period, petition has been listed from time to time. No construction of Municipal Office building has taken place and today when the matter came up for hearing, Mr. Saluja counsel for the respondent No. 2, Municipal Corporation has stated that the Municipal Corporation has altogether abandoned the project of raising an office building on the disputed site and is not intending to put any construction over that land. So also Mr. Dinesh Maheshwari counsel for respondent No. 3, U.I.T. states that the U.I.T. has no project to make any construction over the land in question. Both the learned Counsel further state that the respondent No. two and three respectively shall continue to abide by statement given before this Court on 6.7.1998 that any construction raised over this land in future shall not be without prior permission of the Court. 6. That should normally have drawn curtain on this litigation. However, an application has been moved on behalf of the petitioner for wilful disobedience of the aforesaid undertaking given before the Court alleging that in the part of the land in question the respondents have raised construction of a Bio Gas Plant at the corner of Residency road and Pal road near shopping complex without obtaining prior permission of the Court. Thus, they have flouted the solemn undertaking given to Court and assurance which they gave to the Court on 6.7.1998. Thus, they have flouted the solemn undertaking given to Court and assurance which they gave to the Court on 6.7.1998. Notices of this application were issued on 9.9.2002 to which a reply has been made by respondent No. 2, Chief Executive Officer, Municipal Corporation, Jodhpur. An un-conditional apology has been tendered for the construction raised in that corner. In addition to tendering apology, it has also explained that in what circumstances those constructions came into existence and that the room constructed for housing generator set to utilise energy generated from nightsoil fumes has since been demolished and what is the current status on site. 7. It was stated in the reply that even before filing of the writ petition a Sulabh Complex was already in existence at the site shown in the map annexed with the reply providing toiletry facilities to the general public of that area. This complex was constructed near the existing shopping complex at the corner. About their existing construction no grievance was raised as the same do not form part of the site in question. At the back of the said Sulabh Complex on the land on question where Bio Gas Plant is alleged to have been constructed there already existed soak pits as a refuse for human waste drained from Sulabh Complex. In the absence of proper treatment, smell emitting from said soak pits was causing nuisance in that area making it inconvenient for the passers by and residents of the area nearby. To solve such problem, on the existing soak pits meant for human excreta collected from Sulabh Complex, it was thought to be in public interest to utilise the same for generating non-conventional energy by subjecting the nightsoil waste to mechanical and technical process. For that puprose domes were inserted in such soak pits which are underground. No. construction on ground was raised except that a platform of about 6 inches height had come above ground. The effect of this Bio Gas Plant is that by chemical process nonconventional energy is obtained simultaneously the waste material that remains thereafter is used as fertilizer which is of very good quality. A room was also constructed for housing generator for the purpose of utilising the energy created by the nightsoil fumes. Said room was a new construction. The effect of this Bio Gas Plant is that by chemical process nonconventional energy is obtained simultaneously the waste material that remains thereafter is used as fertilizer which is of very good quality. A room was also constructed for housing generator for the purpose of utilising the energy created by the nightsoil fumes. Said room was a new construction. However, it has also been stated by learned Counsel for the respondents in their reply that it was only after taking advise from the experts and considering the need for utilising non-conventional source for generation of energy and fertilizers that aforesaid decision for establishing Bio Gas Plant was taken. 8. learned Counsel for the respondents further stated that conversion of soak pits into Bio Gas Plant and construction of a room for housing generator set was done on account of bonafide belief that the site where the Bio Gas Plant is to be constructed was not the one meant for office building of the Municipal Corporation in respect of which the writ petition was filed and the said construction was outside the field of controversy and was not within the scope of writ petition at all. However, on receipt of notices of the contempt application before filing of reply on 20.9.2002 the room has been demolished and generator set has been shifted inside Sulabh Complex. 9. We notice that in the writ petition, the relief has been confined not only for restraining the respondents from raising construction of the building of Municipal Corporation on site, for prohibiting all construction in the area in question. The undertaking also was not confined to the construction of Municipal Corporation building only but in respect of any construction. Technically, the applicant was justified in submission that any construction that has been raised on site in question resulted in violation of the undertaking before this Court. It is also not in dispute that the modulation of soak pits into Bio Gas Plant has resulted in abating the nuisance, the inconvenience caused to general public on account of the smell has been redeemed and it has also resulted in utilisation of human excreta for generation of non-conventional energy as well as for the furtilizers to the public advantage. 10. 10. In the totality of facts and circumstances the fact that Bio Gas Plant has been installed within the existing Soak pits for removing cause of public nuisance and use of nightsoil for generating energy, which is sufficient to provide source of light in that area, did not amount to violation of statement made before this Court. 11. So far as construction of room is concerned though it was in violation of statement made before this Court on 6.7.1998, has since been removed soon after receipt of notice of contempt petition before filing reply and an unconditional apology has been also tendered, we accept the submission that respondents have acted in bonafide belief about ambit and scope of writ petition and their statement/undertaking in that context, was not wilful. The necessary ingredients of 'wilfulness' in violation of undertaking is missing. Hence the same action also cannot be said to be a contempt of Court by wilful disobedience of the undertaking given to Court particularly when the said disobedience has been purged on receipt of notice and before filing reply with unconditional apology. Even if the act is considered to be wilful it is a fit case in which apology is to be accepted. 12. In the totality of these circumstances, we accept the unconditional apology of the respondents and discharge the notices of contempt petition. So also in view of the fact that the respondents concerned after abandoning the idea of any construction and the statement made on 6.7.1998 that any future construction on the place in question shall not be carried out or done unless prior permission is obtained from this Court by moving an appropriate application, We are not inclined to continue with this litigation any more at this stage. The parties are left free to move in case any difficulty arises in future by act or omission of any of the parties.Accordingly, the writ petition is disposed of in terms of the aforesaid.No order as to costs.Petition disposed of. *******