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High Court for State of TelanganaCC/1525/2013closed no costs

Smt Ravada Kalyani, v. Sri B.R.Meena,

2015-11-20Ramesh Ranganathan3 pages

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.1525 of 2013 ORDER:

Sri P.Prabhakar, learned counsel for the petitioner, is not present, though the matter has suffered seven adjournments. Heard the learned Government Pleader for Revenue appearing on behalf of the respondents. This Contempt Case is filed alleging violation of the order passed by this Court in W.P.M.P.No.4712 of 2013 in W.P.No.3784 of 2013 dated 13.02.2013 whereby the respondents were directed not to proceed with construction of the school building in plot No.14 (southern part) in Survey No.36/3, Bandlaguda Village, Uppal Mandal, Ranga Reddy District. In the said order, this Court made it clear that no construction shall be raised on the subject plot, and the petitioner shall not alienate the subject plot or create third party rights thereupon.

A counter affidavit is filed, wherein it is stated that the petitioner may have purchased an extent of 162.5 square yards from out of Survey No.36/3, which is assigned land, but she tried to encroach into the Government land bearing Survey No.36/6, which is adjacent to Survey No.36/3 of Bandlaguda Village; and the respondents resisted the illegal encroachment of the petitioner. It is further stated that the construction, which is now being undertaken, is only in the land earmarked in Survey No.30/6 for the Government School; and the petitioner, under the guise of being in possession of the land in Survey No.36/3, is trying to encroach upon the adjacent Government land in Survey No.36/6.

No reply has been filed to the counter affidavit. I see no reason, in such circumstances, to disbelieve the averments in the counter affidavit. It is evident from the counter affidavit that the respondents have not encroached upon the land in Survey No.36/3, and have therefore not violated the order of this Court.

The Contempt Case is, accordingly, closed. The

Contempt Applications, pending, if any, shall also stand closed. There shall be no order as to costs. ______________________________ RAMESH RANGANATHAN, J 20th November 2015.

JSU THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.1525 of 2013 Date: 20.11.2015 JSU