S. Manjit Singh v. Sri V.Anil Kumar, I.A.S

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 390 OF 2019 O R D E R:

This contempt case is filed complaining non-implementation of the order dated 30.01.2019 passed by this Court in I.A.No.1 of 2019 in W.P.No.1032 of 2019.

The above said order reads as under:

"As per the Nanded Sikh Gurudwara Sachkhand Shri Huzur Apchalnagar Sahib Act, 1956, as amended by Act XVI of 2015, prima facie, it is the responsibility of Maharastra Government to appoint the Board Members to Gurudwara. There is also a provision in the said Act that the said Government shall nominate one member from among the Sikhs of the cities of Hyderabad and Secunderabad.

In response to the communication received from Maharastra Government, which was forwarded by the Government of Telangana to the Commissioner, Endowments Department, the latter shall take necessary steps to forward the names to enable the Maharastra Government to fill up the Board vacancy. As it is represented that if expeditious decision is not taken by the Commissioner, the said vacancy would get filled up by some third partiers, depriving the Sikh community of Hyderabad and Secunderabad of their representation before the Board. The 2nd respondent shall therefore, take necessary steps within two weeks from the date of receipt of a copy of this order.

Registry to furnish a copy of this order to the 2nd respondent forthwith."

The respondent filed a counter-affidavit stating that vide letter, dated 17.07.2018, the Government of Maharastra had informed that Nanded Sikh Gurudwara Sachkhand Shri Huzur Apchalnagar Sahib Board was constituted; that the Memo, dated 24.07.2018, along with letter, dated 27.07.2018 of Maharastra Government were sent to the Deputy Commissioner of Endowments, Hyderabad, vide office letter, dated 13.08.2018 with a request to

submit consolidated report duly obtaining the report from the Assistant Commissioner of Endowments, Hyderabad and Secunderabad; that thereafter, the Deputy Commissioner submitted a consolidated report, dated 19.12.2018 along with the list containing the names of the individuals with their antecedents and police verification report of the said individuals, who applied for Trust Board Member to the subject Gurudwara; that on 08.01.2019, the Commissioner of endowments, Hyderabad had forwarded the list of the individuals along with the antecedent reports of the individuals to the Government; that as per the list, there are three individuals whose names were short-listed and that in total, nine names were forwarded along with the police verification reports, vide letter, dated 19.01.2019.

Heard learned counsel for the petitioner and the learned Government Pleader for Endowments.

As can be seen from the above, it is clear that the respondent had taken steps on 19.01.2019 itself and in fact, the matter is pending before the Government. In the circumstances, it cannot be said that there is any contempt on the part of the respondent. The contempt case is accordingly closed.

Consequently, miscellaneous applications, if any shall stand closed.

________________________ CHALLA KODANDA RAM, J Dt:03.07.2019 kdl