Mr. Harshbir Singh Kohli and Mr. Vinay Jaiswal, Advocates v. R. P SHARMA ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 324/2023 & CM APPL. 69209/2024 RAVINDER SINGH .....Petitioner Through: Mr. Harshbir Singh Kohli and Mr. Vinay Jaiswal, Advocates. versus R. P SHARMA & ORS. .....Respondents Through: Mr. Sunil Goyal, ASC for MCD with Ms. Deepa Rathore and Ms. Tanveet Kaur, Advocates for R-1, 2 and 3. Mr. Gurvinder Singh, Advocate for R- 4 and 5. Mr. Abhinav Singh, SPC for UOI with ASI Chander, PS Tilak Nagar. CORAM: HON’BLE MR. JUSTICE AMIT SHARMA O R D E R % 09.12.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Sections 11/12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1950, seeks following prayers:- “a) initiate appropriate contempt proceedings against the Respondents 1 contemnors and to punish them for the breach of undertaking and wilful disobedience of the Order dated 23.09.2022 passed by this Hon’ble Court in W.P.(C) No. 2039/2022 titled "Ravinder Singh Vs. South Delhi Municipal Corporation & Ors"; b) attach all movable and immovable properties of the respondents till such time they are purged of the contempt; c) order that the Respondents be detained in civil prison for the maximum prescribed period on account of their deliberately and wilfully disobedience of the Order dated 23.09.2022 passed by this Hon’ble Court ; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 12:26:16 d) award maximum punishment to contemnors; e) pass any other Order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the Petitioner and against the Respondents.” 3. Vide order dated 23.09.2022, learned Coordinate Bench while disposing of the writ petition, W.P.(C) 2039/2022, had observed as under:- “5. Mr. Divy Kr. Kaushik, learned counsel appearing for respondent No.2 submits that respondent No.2 is no longer the area Councillor and undertakes not to put any hoardings in the area or his photograph on any . signboards. 6. Ms. Rishika Nagpal, learned counsel appearing for respondent No.3 while disputing the allegations raised in the present petition, on instructions from respondent No.3 who has joined the proceedings through V.C., submits that respondent No.3 undertakes not to use the construction in the Sardar Bhagat Singh Park near Ravi Nagar Extension for her personal/official use. Respondent No.3 further undertakes not to put her photographs on the signboards, which are meant for the general public.” 4. The present petition has been filed alleging non-compliance of the undertaking given by respondent No. 4 herein (respondent No.2 in aforesaid writ petition) with respect to not putting his photographs on the sign boards which are meant for the general public. It is pointed out that respondent No.4 is not area Councillor anymore; however, his wife respondent no. 5 herein has been elected as Councillor. 5. Learned counsel appearing on behalf of respondent Nos. 4 and 5 submits that the present petition is not maintainable inasmuch as the undertaking given in the aforesaid order was with respect to Wards No. 13-S and 12S, however, allegations in the present petition pertains to a different ward, i.e., Ward No.102 of the Khyala Zone of MCD. It is further pointed out This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 12:26:16 that respondent No. 5 herein was not a party in the aforesaid writ petition and in view of the same, no contempt has been made out. 6. Status report dated 20.03.2024 has been filed on behalf of SHO, PS Tilak Nagar wherein, it has been recorded as under:- “3. In view of direction passed by this Hon’ble Court, the area falling under the jurisdiction of PS Tilak Nagar has been inspected. During inspection, it has been found that posters containing the photos of respondent no. 4 & 5 have been affixed/ put upon in the various signboards in the concerned area. 4. It is submitted that upon inspection of the pole / places annexed as photographs in the present petition, no posters of Respondent no. 4 & 5 have been found affixed on signboards. 5. It is further submitted that during the said inspection, the areas of Guru Nank Nagar, Sahapura, Santgarh, Tilak Vihar were also inspected. It was found that posters containing the photos of respondent no. 4 & 5 have been affixed/put upon on the signboards installed at Gali No-7, 8, 13, 18 and 25 of Santgarh, Tilak Nagar Delhi. (The photographs taken during inspection are being annexed herewith as Annexure A-l.)” 7. Similarly, status report dated 23.11.2023 has been filed on behalf of the MCD wherein, it has been recorded as under:- “6. That in order to ascertain the status of the illegal hoardings put up by Defendant No. 4 & 5, for which Status Report along with photographs were submitted in Hon ’ble High Court, these hoarding sites were agrun inspected by field staff on 21.11.2023. No board showing photo of Defendant at board exists at this site. The Photographs taken on 21.11.2023 of sites mentioned in Writ petition are annexed herewith as "Annexure- A". 7 . Other than these sites mentioned in Writ Petition, some new sites/boards have been highlighted by petitioner in this Contempt Petition which were not part of original writ. These sites are more than This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 12:26:16 1 KM away from sites as mentioned in writ petition. Furthermore, the order dated 23.09.2022 pertained to the hoardings as stated in the original Writ Petition whereas the ~ photographs attached with the Con tempt petition pertains to some other location. However, it is submitted that these photographs were taken by petitioner in the month of January 2023. These all hoardings containing photographs of Defendant no. 4 & 5 of this contempt petition were removed by department in the month of March & April 2023. The Photographs taken on 17.11.2023 of sites mentioned in Contempt Petition are annexed herewith as "Annexure-B".” 8. In view of the aforesaid status reports filed on behalf of SHO, PS Tilak Nagar, and MCD, the present petition is disposed of with directions to the concerned authorities to take appropriate actions with respect to the alleged poster(s) put up by respondent Nos.4 and 5 in accordance with law. 9. Needless to state that any such action will be taken by giving advance notice to the concerned respondents in accordance with law. 10. Pending application(s), if any, also stand disposed of accordingly. AMIT SHARMA, J DECEMBER 09, 2025/sn/ns