Removal of collapsed structures is not wilful disobedience when the property’s nature remains unchanged.

The complainant initiated contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging willful disobedience of an interim order dated 22 October 2020 in W.P. No. 58367 of 2016.

That order directed the parties to maintain status quo without changing the nature of land in Sy. No. 7/1, measuring 3 acres and 12 guntas, in Kambalipura Village.

The complainant alleged that the accused had put up constructions on the land in 2020 and later removed them.

The accused stated that sheds on the property collapsed in heavy rains on 1 September 2022 and that he removed the collapsed structures; he relied on an affidavit and photographs.

The Court had summoned the accused for a hearing on framing of charge.

Whether the accused willfully disobeyed the interim order by removing the collapsed structures from the subject property.

Whether the accused’s conduct changed the nature of the property in breach of the direction to maintain status quo.

Sections 11 and 12 of the Contempt of Courts Act, 1971, were invoked in the petition.

The Court considered whether the alleged conduct amounted to willful disobedience of its interim order.

That order required the parties to maintain status quo specifically as to the nature of the subject property, while permitting the third respondent to seek modification.

No precedent was cited.

The Court considered the accused’s explanation that the sheds had become dilapidated and collapsed in heavy rain in 2022, supported by the affidavit and photographs.

It observed that the accused should have approached the Court for permission to remove the collapsed structures, but found that the land remained agricultural and open, as recorded in the interim order, and that its nature had not changed.

On that basis, it concluded that the removal did not establish willful disobedience of the status quo direction.

It discharged the accused and consigned the contempt petition.