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2025 DIGILAW 1395 (JHR)

Robert Prabhat Minz, son of Late Mathias Minz v. State of Jharkhand

2025-05-09

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : (Anil Kumar Choudhary, J.) Heard the parties. 2. This Contempt (Civil) Case has been filed with a prayer to initiate contempt proceeding against the contemnors/respondents as the contemnors/respondents without giving any notice demolished the temporary boundary-wall built by the petitioner in violation of the order dated 18.06.2024. 3. Learned counsel for the contemnors/respondents submits that the allegation against the contemnors/respondents is out and out false. The petitioner has never constructed any boundary-wall, hence, the question of demolition of the same does not arise still they have tendered unconditional apology, hence, prayed that the contempt proceeding be dropped. 4. On being asked by the Court, the petitioner appearing in-person fairly submits that though the petitioner sought permission of this Court on 18.06.2024 to construct the boundary-wall but because of non-availability of sand, he could not construct the boundary-wall and ensured that some earth is dumped to prevent rain water entering inside his premise. The petitioner in- person has enclosed the photographs but none of the photographs shows existence of any boundary-wall at any point of time, over the land in question. 5. Under such circumstances; in the absence of any material in the record to suggest that the petitioner constructed any boundary-wall, this Court is of the considered view that the question of demolition of the boundary-wall which was never constructed does not arise. Hence, there is no justifiable reason to continue with this Contempt (Civil) Case. 6. Accordingly, this Contempt (Civil) Case, being without any merit, is dropped.