Mr. Khaja Shahid Hussain Ashar v. Sri Shashank

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.286 of 2019 ORDER:

This Contempt Case is filed alleging willful disobedience and violation of the order dated 06.4.2015, passed by this Court in Writ Petition No.8443 of 2015 by one Shashank, Commissioner, Karimnagar Municipality and one Kamala Hasan Reddy, Superintendent of Police, Karimnagar District, who are arrayed as respondent Nos.1 and 2 respectively.

Respondent No.1 in his counter affidavit stated that he was no way concerned with the demolition activity as he was not the officiating officer at the relevant point of time, i.e., on 05.12.2018. He has worked as Commissioner of Karimnagar Municipality from 08.12.2016 to 19.9.2018. Taking note of these facts, this Court dismissed the Contempt Case on 23.8.2019 as far as respondent No.1 was concerned.

Respondent No.2 in his counter affidavit specifically asserted that on account of commotion, the Police were present at the scene to prevent any untoward incidents and they have not extended any assistance to the parties and there was also no requisition from the municipal authorities to provide police aid.

No reply-affidavit was filed by the petitioner denying the averments in the counter of respondent No.2.

In view of the same and as the assertion of the respondent No.2 that the Police has not extended any aid for demolition of the subject

property is not denied by the petitioner, no contempt is made out against respondent No.2.

The Contempt Case is accordingly closed insofar as respondent No.2.

Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.

_____________________________ JUSTICE CHALLA KODANDA RAM 16th October, 2019 dr