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High Court for State of TelanganaCC/1536/2017dismissed

Battula Thirupalu, Prakasam Dist. v. Y. Mercy Kumari, Prakasam Dist.

2018-01-24A.Rajasheker Reddy4 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY C.C. No. 1536 of 2017 ORDER :

This Contempt Case is filed against respondent alleging willful disobedience in compliance of order dated 20.04.2017 in W.P. No.12015 of 2017, wherein this Court has directed the respondent to dispose of the application filed by petitioner for pattadar pass books and title deeds.

Heard learned counsel for the petitioner, who submits that in pursuant to the orders passed by this Court, respondent has passed orders dated 28.07.2017 without considering the case of the petitioner in proper perspective. He submits that the petitioner was granted patta long back and without considering the same, present impugned order is passed by the respondent.

On the other hand, learned Assistant Government Pleader for Revenue submits that as per revenue records, third party is in possession and after verifying the same, orders have been passed by the respondent.

It is to be seen that merits of the order dated 28.07.2017 passed by the respondent cannot be canvassed in the Contempt Case. Even if the order passed by the respondent is erroneous, the petitioner can challenge the same by way of separate writ petition, as this Court cannot go into the correctness or otherwise of the order passed by the respondent in this Contempt Case.

In view of the same, I do not see any violation of the orders passed by this Court in the Writ Petition. However, it is open for the petitioner to challenge the proceedings of the respondent dated 28.07.2017.

Accordingly, the Contempt Case is closed. As a sequel thereto, miscellaneous petitions, if any, pending in this Contempt Case, shall stands closed.

____________________________ A.RAJASHEKER REDDY, J 24.01.2018 kvs

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY C.C. No.1536 OF 2017 Date: 24-01-2018 kvs