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High Court for State of TelanganaCC/638/2015closed no costs

Chalapareddy Govinda , Gopi, v. Sri Yuvaraj,

2016-04-21P Naveen Rao4 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.638 OF 2015 DATED : 21.04.2016 Between :

Chalapareddy Govinda @ Gopi S/o.Late Chalapareddy Kondayya, Aged about 44 yrs, Occu : Agriculture, R/o.D.No.35-36-74, Gavara Kancharapalem, Visakhapatnam, Visakhapatnam District, Andhra Pradesh.

.. Petitioner and Sri Yuvaraj, District Collector, Visakhapatnam District, Andhra Pradesh.

.. Respondent This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.638 of 2015 ORDER :

This contempt case is filed to punish the respondent for willful violation of the order passed by this Court on 27.06.2014 in W.P.No.16238 of 2014.

2. This Court in W.P.No.16238 of 2014 passed the following order :

"Having regard to the facts and circumstances and the submissions made by the learned counsel for the petitioner, this Writ Petition is disposed of directing the District Collector to pass orders as per the recommendation of the Revenue Divisional Officer, dated 20.07.2012 regarding deletion of the land from the list of assigned lands and granting NOC for alienation of the lands by the petitioner within three weeks from the date of receipt of a copy of this order. There shall be no order as to costs."

3. The petitioner filed C.C.No.1510 of 2014 alleging noncompliance of the said direction of this Court. When the contempt case was listed on 28.11.2015 petitioner stated before this Court that the order of this Court is already complied. Recording the same, the contempt was closed.

4. The petitioner filed this contempt case alleging that even though a statement was made that order as directed by this Court was passed, but no copy was served on him and that when he approached the respondent authorities, they have informed him that no orders have been passed. Therefore, the question of serving the copy would not arise.

5. Along with the counter affidavit filed in this contempt the respondent enclosed endorsement of the District Collector bearing Rc.No.2285/2012/E1 Dated 09.10.2014, wherein, in consideration of the direction issued by this Court, order was passed refusing to grant No Objection Certificate as requested by the petitioner. A copy of the counter along with the endorsement of the District Collector, dated 09.10.2014 is served on the learned counsel for the petitioner.

6. Since the orders are already complied, it cannot be said that the respondent has violated the order of this Court warranting continuation of contempt proceedings.

7. Accordingly, the Contempt Case is closed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this contempt case shall stand closed.

__________________ P.NAVEEN RAO,J 21st April, 2016 Rds

HON'BLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE No.638 of 2015 DATED:21.04.2016 Rds