Sri Valmika Methar Samaja Seva Sangam - ORS v. A.Maruthi Prasad

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY Contempt Case No.214 of 2018 ORDER:

This Contempt Case is filed by the petitioners against the respondents, alleging wilful and deliberate violation of the order passed by a learned Single Judge of this Court in WPMP.No.50481 of 2017 in Writ Petition No.40671 of 2017.

2.

Vide above order, the learned Single Judge granting interim direction, by directing the 2nd respondent not to issue any work orders insofar as the remaining works on Serial Nos.2 to 8 in the notification published in the newspaper paper on 19.09.2017 until further orders; and further directed the 2nd respondent-Municipality not to allow the 4th respondent to proceed with execution of works, pursuant to the work orders in respect of item Nos.1 and 9 therein unless mandatory conditions in the notification are complied with by the 4th respondent. 3.

Alleging wilful and deliberate disobedience of the order passed by the learned Single Judge, the present

CVBR,J cc_214_2018 ::2::

Contempt Case came to be filed by the petitioners against the respondents.

4.

On 02.02.2018, notice was ordered to the respondents. Thereupon, counter-affidavit was filed by the 1st respondent in the Contempt Case.

5.

In the counter-affidavit, the 1st respondent contended that pursuant to the order passed by the learned Single Judge, the 1st respondent has not issued work order for the remaining (7) works from Serial Nos.2 to 8 in the notification published and also stopped the works relating to Serial No.9 of the notification as entrusted to the Chairman Ujjawal Sanitation Social Service Organization, Uppal, Hyderabad vide proceedings No.E1/BOT/1056/9/2017-2018, dated 02.11.2017 and no work was allowed unless all the mandatory conditions are fulfilled; only after filing the relevant conditions, this municipality allowed one, i.e., Item No.1 in notification for construction of public toilet; after a written representation was submitted by the petitioner, the above work for construction of public toilets at Punjab Chowk was also stopped vide intimation letter dated 02.11.2017; and

CVBR,J cc_214_2018 ::3::

therefore, contended that there is no wilful and deliberate disobedience of the order passed by the learned Single Judge.

6.

In view of above submissions, this Court is of the considered view that, since there is no wilful or deliberate disobedience of the order passed by this Court by the respondents, no further orders need be passed in the Contempt Case, and hence the Contempt Case can be closed.

7.

Accordingly, the Contempt Case is closed. No costs. 8.

However, liberty is given to the petitioners to seek revival of the contempt case in case the cause in the contempt case survives for adjudication.

9.

As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed. __________________________________ C.V. BHASKAR REDDY, J Date : 13.02.2023 Ndr