IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT. CAS (C) NO._________________2023

IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR

INDEX
S. Particulars Pages
No.
1 Listing Performa
2 Urgent application
3 Notice of Motion
4 Court fees
5 Certificate of supplied all the coloured
copies of the photographs to the
respondent/contemnor.
6 Memo of Parties
7 List of Dates & Events
8 Contempt petition under section 12 of
contempt of court act 1971 for not
complying the direction/order dated
30.10.2023, passed by this Hon’ble High
Court in W.P. (C) NO. 12646/2023, title
as Sarita Versus M.C.D. & Ors. along
with affidavit.
9 ANNEXURE P-1
 An uncertified/internet copy of the order
dated 30.10.2023, passed by this Hon’ble
High Court in W.P. (C) NO. 12646/2023,
title as Sarita Versus M.C.D. & Ors.
10 ANNEXURE A-2
Colored photographs of the illegal and
unauthorized construction.
11 Application U/S 151 C.P.C. for exemption
from filing of the certified copies of the
orders/annexures along with affidavit.
12 Vakalatnama on behalf of the petitioner.
13. Proof of service

Filed by

(ARUN KUMAR VERMA)

ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK, DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com

Dated
New Delhi
Note;- I have filed this Petition in OCR format.

IN THE HIGH COURT OF DELHI AT NEW DELHI

 CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR

CERTIFICATE
It is to certify that the petitioner has supplied all the coloured copies
of the photographs to the respondent.

PETITIONER
Through

(ARUN KUMAR VERMA)

ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK, DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
New Delhi
Dated

IN THE HIGH COURT OF DELHI AT NEW DELHI

 CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR
NOTICE OF MOTION
To
Standing Counsel
M.C.D.
Lawyers Chambers, Delhi High Court, New Delhi-110003.
Now take notice the matter will be listed on .12.2023 in the
forenoon or thereafter as may be convenient to the Hon’ble Court.

Petitioner/applicant
Through
(ARUN KUMAR VERMA)
ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK, DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
New Delhi
Dated:
 LIST OF DATES AND EVENTS

20.09.2023 Petitioner filed writ petition (W.P. (C) NO.

12646/2023, title as Sarita Versus M.C.D. &
Ors.) for Issue writ of mandamus directed the
respondent no. 1 to 3 to demolish the illegal
and unauthorized construction raised by the
respondent no. 4 and 5 at property bearing
no. G-84, Shaheen Bagh, 40 foota Road,
Jasola, Okhla, New Delhi-110025 land
measuring 70 Sq. Yds. (Out of total land
measuring 430 Sq. Yads.)_immediately.
AND
To issue a writ of prohibition against the
respondent no. 4 and 5 restraining them from
raising further illegal and unauthorized
construction at property/plot/land i.e. G-84,
Shaheen Bagh, 40 Foota Road, Jasola, okhla,
New Delhi-110025, land measuring 70 Sq.
Yds. (Out of total land measuring 430 Sq.
Yds.).

30.10.2023 The aforesaid writ petition has disposed off

with direction/order to the MCD (herein
contemnor) is directed to take action strictly in
accordance with law, and after complying with
all statutory formalities.

However, the respondent no.1/M.C.D. (herein

 contemnor) did not take any appropriate steps
in compliance of the above noted
order/direction passed by this Hon’ble High
Court of Delhi.

Hence this present petition

IN THE HIGH COURT OF DELHI AT NEW DELHI

 CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR

CONTEMPT PETITION UNDER SECTION 12 OF CONTEMPT OF

COURT ACT 1971 FOR NOT COMPLYING THE DIRECTION/ORDER
DATED 30.10.2023, PASSED BY THIS HON’BLE HIGH COURT IN
W.P. (C) NO. 12646/2023, TITLE AS SARITA VERSUS M.C.D. &
ORS..

To,

The Hon’ble Chief Justice and

His companion justices of Hon’ble High Court of Delhi at New Delhi.

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is a real purchaser of the vacant

land/Property /plot bearing no. G-84, Shaheen Bagh, 40 foota
Road, Jasola, Okhla, New Delhi-110025 land measuring 70 Sq. Yds.
(Out of total land measuring 430 Sq. Yds.). The petitioner has
already filed her relevant documents pertaining to the above
mentioned property/land with aforesaid writ petition.
2. That the Petitioner filed above mentioned writ petition for
issuance writ of mandamus directed the respondent no. 1 to 3 to
demolish the illegal and unauthorized construction raised by the
respondent no. 4 and 5 at property bearing no. G-84, Shaheen
Bagh, 40 foota Road, Jasola, Okhla, New Delhi-110025 land
measuring 70 Sq. Yds. (Out of total land measuring 430 Sq. Yads.)
immediately and To issue a writ of prohibition against the
respondent no. 4 and 5 restraining them from raising further illegal
and unauthorized construction at property/plot/land i.e. G-84,
Shaheen Bagh, 40 Foota Road, Jasola, okhla, New Delhi-110025,
land measuring 70 Sq. Yds. (Out of total land measuring 430 Sq.
Yds.)..

3. That on 30.10.2023, the above-mentioned writ petition is

disposed off along with the pending application with a direction that
the MCD (herein contemnor) is directed to take action strictly in
accordance with law, and after complying with all statutory
formalities. An uncertified/internet copy of the order dated
30.10.2023, passed by this Hon’ble High Court in W.P. (C) NO.
12646/2023, title as Sarita Versus M.C.D. & Ors. is annexed
herewith as ANNEXURE P-1.

4. That the above said direction/order was passed in the presence of

the Ld. Counsel for respondent no. 1/M.C.D..

5. That the petitioner/aggrieved/applicant has approached to the

above noted office of the respondent no. 1/M.C.D./contemnor and
apprised the aforesaid order/direction dated 30.10.2023, passed by
this Hon’ble High Court in W.P. (C) NO. 12646/2023, title as Sarita
Versus M.C.D. & Ors. to officer on duty, however, till today the
respondent no. 1/M.C.D./contemnor has not taken any action
against the illegal and unauthorized construction raised by the
respondent no. 4 and 5 at property bearing no. G-84, Shaheen
Bagh, 40 foota Road, Jasola, Okhla, New Delhi-110025 land
measuring 70 Sq. Yds. (Out of total land measuring 430 Sq. Yads.).
In resultly, the respondent no.1/M.C.D./contemnor is protecting
the respondent no. 4 and 5.

6. That the illegal and unauthorized construction is continuously

going on at the aforesaid property without fear of court of law.
Colored photographs of the illegal and unauthorized construction
are annexed herewith as ANNEXURE P-2.

7. That the respondent no. 4 and 5 in above mentioned writ petition

is carrying out the illegal and unauthorized construction in odd
hours without fear of court of law.

8. That the petitioner has also prayed to the respondent

no.1/M.C.D./contemnor to take action against the ongoing
encroachment/illegal and unauthorized construction carried out by
respondent no. 4 and 5 at property bearing no. G-84, Shaheen
Bagh, 40 foota Road, Jasola, Okhla, New Delhi-110025 land
measuring 70 Sq. Yds. (Out of total land measuring 430 Sq. Yads.),
however, no action has been taken by the respondent
no.1/M.C.D./contemnor in compliance of the dated order dated
30.10.2023, passed by this Hon’ble High Court in W.P. (C) NO.
12646/2023, title as Sarita Versus M.C.D. & Ors..
9. That the petitioner has been greatly aggrieved/upset from the
acts and deeds of respondent/contemnor and has preferred the
present contempt petition on the following amongst other grounds:-

GROUNDS

A. BECAUSE, respondent no.1/M.C.D./contemnor is covered

under the definition of the state under article 12 of
constitution of India, hence, they cannot be allowed to
infringe the fundamental rights of the petitioner.

B. BECAUSE, constitution of India imposed a duty upon

respondent no.1/M.C.D./contemnor to act in a legal, fair
and constitutional manner and follow established principles
of law and guidelines while exercising their power, however,
the respondent no.1/M.C.D./contemnor has failed to
comply with the constitutional mandate.

C. BECAUSE, respondent/contemnor filed to discharge their

duty, which is purely illegal in the eye of the law.

D. BECAUSE respondent no. 1/M.C.D./contemnor is

preventing the respondent no. 4 and 5 by illegal manner.

E. BECAUSE respondent no. 1/M.C.D./contemnor did not

take any steps in compliance of the order dated
30.10.2023, passed by this Hon’ble High Court in W.P. (C)
NO. 12646/2023, title as Sarita Versus M.C.D. & Ors..
 F. BECAUSE the respondent no.1/M.C.D./contemnor has no
fear of the court of law.

G. Because the respondent no.1/M.C.D./contemnor is

intentionally and deliberately did not take any steps in
compliance of the order dated 30.10.2023, passed by this
Hon’ble High Court in W.P. (C) NO. 12646/2023, title as
Sarita Versus M.C.D. & Ors..

10. The petitioner has no other efficacious remedy except to file

the present contempt petition against the respondent
no.1/M.C.D./contemnor.

11. That the petitioner has not filed any similar or other petition
before this Hon’ble Court or Hon’ble Supreme Court of India or
any other courts for same relief.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
Court may kindly be pleased to:-

i) Pass a contempt order against above said respondent

no.1/M.C.D./contemnor i.e. Shri S.K. Singh, Dy.
Commissioner for intentionally and deliberately is not
complying with the order dated 30.10.2023, passed by this
Hon’ble High Court in W.P. (C) NO. 12646/2023, title as Sarita
Versus M.C.D. & Ors.

ii) Pass a contempt order to initiate and investigation against the

respondent no. 1/M.C.D./contemnor for their mal-functioning
 and not obeying the directions passed by this Hon’ble High
Court of Delhi in aforesaid writ petition;

iii) Pass any other or further order which this Hon’ble Court may
deem fit and proper in the facts and circumstances of the
case, in the interest of justice.

PETITIONER
Through
(ARUN KUMAR VERMA)
ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK,
DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
Dated
New Delhi
 IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. no. ______________ of 2023
IN
CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR

APPLICATION U/S 151 C.P.C. FOR EXEMPTION FROM FILING OF

THE CERTIFIED COPIES OF THE ORDER DATED 30.10.2023,
PASSED BY THIS HON’BLE HIGH COURT IN W.P. (C) NO.
12646/2023, TITLE AS SARITA VERSUS M.C.D. &
ORS./ANNEXURES.

MOST RESPECTFULLY SHOWETH:

1. That petitioner has filed accompanied contempt petition U/S

12 of Contempt of Court Act before this Hon’ble Court.

2. That the certified copies of the order dated 30.10.2023, passed

by this Hon’ble High Court in W.P. (C) NO. 12646/2023, title
as Sarita Versus M.C.D. & Ors. will take some time from
obtaining from this Hon’ble Court, however
 uncertified/internet copy obtained by the petitioner and has
been filed by the petitioner along with this contempt petition.

3. That the petitioner/applicant undertake that the petitioner will

file the certified copy of the order dated 30.10.2023, passed by
this Hon’ble High Court in W.P. (C) NO. 12646/2023, title as
Sarita Versus M.C.D. & Ors. as and when this Hon’ble Court
will direct to the applicant/petitioner to file the same.

PRAYER:
It is therefore, prayed that this Hon’ble Court may kindly be
exempt the petitioner from filing the certified copies of the
order dated 30.10.2023, passed by this Hon’ble High Court in
W.P. (C) NO. 12646/2023, title as Sarita Versus M.C.D. &
Ors./annexures, in the interest of justice.

PETITIONER/APPLICANT

Through
(ARUN KUMAR VERMA)
ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK,
DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
New Delhi
Dated
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR
URGENT APPLICATION:
To,
The Registrar,
High Court of Delhi, At New Delhi.
Sir,
Kindly treat the accompanying contempt petition as urgent one as
per High Court Rules and Regulation the ground of urgency is as
under:-
Contempt proceedings be initiated against the respondent no.
1/contemnor.

Filed by:

(ARUN KUMAR VERMA)

ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK, DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
New Delhi
Dated
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT. CAS (C) NO._________________2023
IN
W.P.(C) no. 12646/2023
IN THE MATTER OF-
Ms. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR

CONTEMPT PETITION UNDER SECTION 12 OF CONTEMPT OF

COURT ACT 1971 FOR NOT COMPLYING THE DIRECTION/ORDER
DATED 30.10.2023, PASSED BY THIS HON’BLE HIGH COURT IN
W.P. (C) NO. 12646/2023, TITLE AS SARITA VERSUS M.C.D. &
ORS..

MEMO OF PARTIES
In the matter of:
Ms. Sarita (M. 8743898366)
D/o Shri Dinesh Kumar,
R/o Village Chopla, Hapur,
U.P.-245201, …Petitioner
Versus
Shri S. K. Singh (clomcdhq@gmail.com)
Dy. Commissioner,
Municipal Corporation of Delhi
Lajpat Nagar, Jal Vihar Road,
New Delhi …Contemnor
 PETITIONER
Through

(ARUN KUMAR VERMA)

ADVOCATE
CONSULTATION ROOM NO.1
BLOCK-I, NEAR UCO BANK,
DELHI HIGH COURT
NEW DELHI – 110003
M. 9899538156
Email- arunvrm1985@gmail.com
New Delhi
Dated
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT. CAS (C) NO._________________2023
IN
W.P.(C) 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR
AFFIDAVIT
I, Sarita D/o Shri Dinesh Kumar, aged about 43 years R/o Village
Chopla, Hapur, U.P.-245201, presently at New Delhi, do hereby
solemnly affirm and declare as under:-
1. That I am Petitioner in the aforesaid matter and fully
conversant with the facts and circumstances of the case and
competent to depose this affidavit.

2. That the accompanying contempt petition under section 12 of

contempt of court act 1971 for not complying the
direction/order dated 30.10.2023, passed by this Hon’ble High
Court in W.P. (C) NO. 12646/2023, title as Sarita Versus
M.C.D. & Ors. has been drafted by my counsel under my
instructions, the contents of the same have been read and
explained to me in vernacular language i.e. Hindi the same are
true and correct and the same may be treated as part and
parcel of this affidavit and the same is not being reproduced
herein for the sake of brevity. That I am Petitioner in the
aforesaid matter and fully conversant with the facts and
circumstances of the case and competent to depose this
affidavit.
3. That the contents of list of dates and events at page nos. 7-9
are drafted by my counsel which are true to the best of my
knowledge derived from the records maintained by me.

4. That the contents of para nos. 1 to 11 of contempt petition

and contents of para nos. A to G of the grounds of
accompanying contempt petition under section 12 of contempt
of court act 1971 has been drafted by my counsel and based
on Legal Advice received from the counsel of the petitioner
which the petitioner believes to be true and the contents of the
same have been read and explained to me in vernacular
language i.e. Hindi.

5. I say that the annexures to the contempt petition under

section 12 of contempt of court act 1971 are true copies of
their respective original.

6. That the petitioner has not preferred any similar or other

petition in the above matter

DEPONENT
VERIFICATION:
Verified at New Delhi on this ____day of November 2023 that the
contents of the above said affidavit are true and correct to the best
of my knowledge and nothing material has been concealed
therefrom.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. no. ______________ of 2023
IN
CONT. CAS (C) NO._________________2023
IN
W.P.(C) 12646/2023
IN THE MATTER OF-
MS. SARITA ....PETITIONER
VERSUS
SHRI S.K. SINGH …CONTEMNOR
AFFIDAVIT
I, Sarita D/o Shri Dinesh Kumar, aged about 43 years R/o Village
Chopla, Hapur, U.P.-245201 presently at New Delhi, do hereby
solemnly affirm and declare as under:-
1. That I am Petitioner in the aforesaid matter and fully
conversant with the facts and circumstances of the case and
competent to depose this affidavit.

2. That the accompanying application U/S 151 of CPC for

exemption from filing certified copies of the annexures have
been drafted by my counsel under my instructions, the
contents of para nos. 1-3 of the above application have been
read and explained to me in vernacular language i.e. Hindi
and the same are true and correct and the same may be
treated as part and parcel of this affidavit and the same is not
being reproduced herein for the sake of brevity.
 DEPONENT

VERIFICATION:
Verified at New Delhi on this ____day of November 2023 that
the contents of the above said affidavit are true and correct to the
best of my knowledge and nothing material has been concealed
therefrom.

DEPONENT