K.Indrasena Reddy v. K.Surekha

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.133 OF 2017 O R D E R :

The Contempt Case is filed alleging violation of the order dated 03.08.2016 passed by this Court in WP.No.22177 of 2016, wherein this Court directed the 3rd respondentTahasildar, Saidapur Mandal, therein, to dispose of the application of the petitioner within eight weeks, in accordance with law, after issuing notices to the affected parties. Counter is filed stating that after issuing notices to the affected parties, order dated 04.03.2017 is passed rejecting the case of the petitioner specifically observing that comprehensive civil suit in OS.No.6/2016 is pending, as such, there is no violation of the orders passed by this Court.

Heard learned counsel for the petitioner who submits that the respondents have not at all considered the case of the petitioner; that the court decrees and the suits filed have no relevance to the subject matter in the writ petition; and that before passing order dated 04.03.2017 no notices were issued to the petitioner as well as affected parties. Though, counter is filed by the respondent in the month of July, 2017, asserting that notices were issued, till today, no reply affidavit is filed by the petitioner disputing the same, except oral statement.

argue the validity of the order dated 04.03.2017. But, this Court cannot go into the validity of the said order in the Contempt Case. If the petitioner feels that the said order is erroneous, it is always open for the petitioner to challenge the same. More so, it is stated that petitioner has already filed appeal against the said order. In view of the same, I do not see any violation of the orders passed by this Court. Accordingly, the Contempt Case is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Contempt Case, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 12.03.2018 t k.