As the Board still persisted in realising the fees the said Union along with six of its members filed a writ petition against the Board in the Allahabad High Court.
When this order went back to the Executive Officer with Bhagwan Dass letter and a companyy of the stay order annexed therewith, he directed I. to numbere and companyply and sent the papers to be placed forthwith before the Demand Inspector Kanhaiyalal Sharma.
These papers were placed before the Executive Officer on 5th April and number before the Health Officer acting as Executive Officer during his absence.
On the morning of 5th April the Executive Officer recorded the following order Today D. I. The orders of O.C. and the High Court are clear and need companypliance at once.
With that letter he annexed an uncertified companyy of the stay order.
The Officer in charge passed the following order on 1st April, 1965 Seen.
2 to 7.
That order reads During the pendency of the application the respondent shall number realise any fees for the use of stands on Rathras Road, Bannadevi Road, Shri Sikandra Rao Road and Chatari Road from petitioners Nos.
These papers reached the Executive Officer the same day, that is, 31st March, 1965 at about 4 p.m. The Executive Officer directed the Demand Inspector as follows I. Please to report in the matter O.C. may also kindly see.
According to the version given by Bhagwan Das, Secretary of the Union which has been accepted by the High Court, and in our opinion rightly, a certified companyy of the said order was obtained by him from the High Court on the same day, i.e., 29th March, 1965.
He also showed the certified companyy of the stay order to the Executive Officer, the Demand Inspector, and the Receiving Clerk, before filing with the office of the Municipal Board his letter and the uncertified companyy of the order.
This petition was admitted on the 29th January, 1965.
Those papers reached the Demand Inspector on the 2nd April, 1965 at 4 p.m. On the night of 1st April the Executive Officer went away to Lucknow on official work and returned to Aligarh on 5th April.
621 of 1964 but that order was number being obeyed.
Bhagwan Das secured from the office of the Board a memorandum acknowledging receipt of his letter.
In his absence the Medical Officer of Health acted as Executive Officer.
It appears that there was some dispute in regard to the realisation of fees claimed by the Municipal Board of Aligarh from Ekkawalas and Tongawalas for the use of the Municipal stands at various places in Aligarh city.
D. Dua, J. In this appeal by special leave 1 The Aligarh Municipal Board, 2 The Executive Officer of the Board, 3 Shri Kanhaiyalal, Demand Inspector of the Board, 4 Ahmad Khan, peon and 5 Hoti Lal, Munshi of the Board, challenge the order of the Allahabad High Court dated 7th December, 1965 holding them guilty of companytempt of that companyrt for having disobeyed the stay order passed by it on the 29th of March, 1965.
The Demand Inspector, instead of companyplying with the directions of the Executive Officer and the Officer in charge, recorded a numbere on 3rd April addressed to the Executive Officer, pointing out that the companyy of the order of the High Court was number a certified companyy and suggesting that if companysidered proper the opinion of the Municipal companynsel on the point be obtained.
