JUDGMENT : Ajay Mohan Goel, J. 1. On 01.11.2019, this Court passed the following order:- "Parties are present in the Court. They are directed to remain present in the Court on 5th November, 2019. In the meanwhile, learned Additional Advocate General shall file a report from the Executive Officer of Municipal Council, Mandi as to whether the construction being carried out by the respondents is inconsonance with the approved plan or not. List on 5th November, 2019." 2. Learned Additional Advocate General submits that on account of transfer of the technical Officers, the order could not be complied with, however, he has instructions to state that in case construction is being carried out in violation of the sanction plan, then, action shall be taken in accordance with law against the alleged violators. 3. At this stage, Mr. Balwant Kukreja, learned Counsel for respondent No. 1 submits that on account of a complaint filed by the petitioner alleging therein that they are carrying out construction in violation of the sanctioned plan, a notice stands received by the private respondents from the Municipal Council, Mandi and on account of same, the construction has been stopped. 4. Taking into consideration all these facts, including the factum of construction work now having been stopped on account of a complaint which was lodged by the petitioner, prima facie this Court is of the view that petitioner cannot be permitted to abuse the process of contempt, as on one hand, he is calling upon the respondents to hand over the premises in issue in terms of order passed by this Court on 02.09.2019, and on the other hand, he is approaching the authorities for directing the private respondents not to carry out construction on account of alleged illegal construction being carried out by them because in these peculiar facts, this Court cannot hold private respondents to be in willful breach of Court orders. Accordingly, this petition is closed. However, statement of learned Additional Advocate General is taken on record that in case construction is being carried out in violation of the sanctioned plan, then action in accordance with law shall be taken against the violators. 5. It goes without saying that the petitioner is at liberty to execute the settlement etc. which has been arrived at between the parties, in accordance with law. Notice discharged. 6.
5. It goes without saying that the petitioner is at liberty to execute the settlement etc. which has been arrived at between the parties, in accordance with law. Notice discharged. 6. The contempt petition stands disposed of in above terms, so also pending miscellaneous applications, if any.