Javida Begum v. Mr. Seva Islavath,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE THIRD DAY OF IVARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CONTEMPT CASE NO: 476OF 2023 Contempt Case under Sections 1O to 12 of Contempt of Courts Act '197't is filed i.e,Mr.Seva lslavath to punish the Commissioner for willfully, deliberately, violating the orders in W.P. No. 37938 of 2022 Dt. 25.11.2022 Between:

Javida Begum, Wio. Mohammed Abdul Qayyoom, Aged about 70 years, Occ. House Wife, Ryo.9-4-150/2, Plot No.35 Sy.No.'10'l 1, Situated at Mankammathota, Ward No. 35, Karimnagar and residing at Flat No.3. 3rd Floor, All Chamber, Mallepalli Circle, Hyderabad, Telangana State. .....PETITIONER/WRIT PETITIONER AND MR. SEVA ISLAVATH,, The Commissioner, The Karimnagar Municipal Corporation, Karlmnagar District, Telangana State. ... ......RESPONDENT/ 3RD RESPONDENT Counsel for the Petitioner: SRl. MIRZA AIJAZ ALI BAlc Counsel for the Respondent: SRI KAOARU PRABHAKAR RAO The Court made the following: ORDER ,&."

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Contem tc ase No.476 ot2023 o

ORDER

This contempt case is filed seeking to punish the respondent under Sections 10 to 12 of the Contempt of Courts Act, 1971 , for willfully and deliberately violating the order dated 25-1 1-2022 in W.P.No 37938 of 2022.

2.

This Court, by order dated 25-11-2022, has directed the respondent Corporation to consider the case of the petitioner strictly in the light of G.O.Ms.No.'168 dated 07-04-2019 and the subsequent amendments made to G.O.tr,4s.No.168 by way of Amendment-'I6 of G.O.Ms.No.7 dated 05-01-201 6 and complete this exercise within a period'of two weeks from the date of receipt of a copy of the order and till such decision is taken, they shall not take any coercive steps against the petitioner.

3.

Learned counsel for the petitioner -Mr. Mirza Aijaz Ali Baig submits that the respondent has failed to take any action pursuant to the orders passed by this Court. He submits that after the contempt case is filed on 22-02-2023, the respondent has passed the order on 23-02-2023 and assailing the same, the petitioner has filed W.P.No.6214 of 2023, which is coming up today for hearing. Leamed counsel submits that though this Court has directed the respondent to consider the case of the petitioner within two.weeks, the respondent has failed to do so and thus, there is violation of the orders passed by

LK, J C C No.476 of 2023 this Court and to get over this contempt case, the respondent has passed the order on 23-02-2023.

4.

Learned Standing Counsel for the respondent Mr.K. Prabhakar . Rao submits that the petitioner is having two pieces of land, one is on the northern side and the other is on the southern side and the petitioner has not surrendered any portion of the land towards northem side of her land where 60 feet wide Master Plan road is existed and the petitioner has falsely contended that the width of road is 50 feet and she has left 10 feet oi her land on northern side road, which is against the approved Mater Plan of Corporation. He submits that on southern side of the petitioner's land, there is 20 feet width of road existed, but as per G,O.Ms.No.168 dated 07-O4.

2012, the minimum width of the road should be 30 feet and the respondent Corporation while granting permission insisting abutting owners to surrender 5 feet width out of their land for widening of the road into 30 feet width and the petitioner has obtained permission for construction of building ground +1 floor within area of 129.13 sq. mtrs vide proceedings dated 01-03-2014. He submits that the petitioner has voluntarily executed a gift deed dated 28-10-2009 in favour of the respondent Corporation and gifted the land admeasuring 16.66 sq. yard for development of roads/public parks on southem side road in Sapthagiri Colony Road, Karimnagar, and the petitioner without obtaining any permission from the respondent Cgrporation has illegally built the cellar + 2 floors within the area of 160.02 sq.

LK. J C C.No.476 o12023 ) the land gifted for road purpose on 28-10-2009 without leaving the road affected area of 5 feet width and considering all these facts and circumstances, the respondent Corporation has passed the speaking order dated 23-02-2023 and the petitioner is not entifled for any benefit vide G.O ttrls.No.168 dated 07-04-2019 and the subsequent amendments made to G.O.trils.No.168 by way of Amendmen!16 of G.O.Ms.No.7 dated 05-01 -20'1 6 5.

This Court has.perused the counter and the speaking order passed by the respondent oa 23-02-2O23. lt is submitted by the petitioner that there is a delay in complying with the order passed by this Court. However, this Court is not able to appreciate the contention of the petitioner that there is no consideration by the respondent and to get over the contempt case, the said order was passed. ln the considered opinion of this Court, the respondent has complied with the orders of this Court, however, with a delay. Petitioner has already filed W.P.No.6214 ol 2.O23assailing the said order. 6.

Accordingly, the Contempt Case is closed_ No order as to costs 7.

Miscellaneous petitions, if any pending in this contempt case, shall stand closed Sd/-CH.VENKATESWARLU , DEPUTY REGISTRAR ,.- (_ iD //TRUE COPY// SECTION OFFICER To,

1. MR. SEVA ISLAVATH,, The Commissioner, The Karimnagar Municipal Corporation, Karimnagar District Telangana State.

2. One CC to SRI IUIRZA ATJAZ ALt BA|G Advocate tOpUCl

3. One CC to SRI KADARU PRABHAKAR RAO, Sta;ding Counset tOpUCl

4. Two CD Copies

HIGH COURT DATED:03/03/2023

ORDER

CC.No.476 of 2023 .4 1t{ a.

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E STATC I( r\ ) (, ? 5 j\]t 2u8 Ll C, i -.: /i c/ , .'/ \--=:

OF s Dl'l cPco \ CLOSING THE CONTEMPT CASE WITHOUT COSTS \$