M/S Toshniwal Granites Private Limited v. Sri. V. Vittal Goud

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Contempt Case No.439 of 2018 Order:

This Contempt Case is filed to punish the respondents for willful disobedience of the orders of this Court passed in W.P.No.23113 of 2007, dated 12.07.2017.

In the said Writ Petition, the following interim order was passed on 04.03.2008 in WPMP No.30117 of 2007.

"Learned counsel for the petitioner submits that the petitioner is willing to pay the deficit fee of Rs.9,51,000/- as per the orders of the District Registrar dated 17,.10.2005 subject to the result of the writ petition.

In the circumstances, subject to payment of Rs.9,51,000/- by the petitioner, the 2nd respondent is directed to register the deed and release the same. However, the amount so paid would be subject to the outcome of the Writ Petition."

Subsequently, the Writ Petition was allowed on 12.07.2017 with the following observation.

"The Writ Petition is, accordingly, allowed and the amount collected by the respondents pursuant to the orders of this Court dated 04.03.2008 shall be refunded to the petitioner. There shall be no order as to costs." The present Contempt Case is filed alleging that the respondents are not refunding the amount collected under the orders dated 04.03.2008 passed in WPMP No.30117 of 2007 in WP No.23113 of 2007 and thereby they have violated the orders of this Court dated 12.07.2017 passed in WP No.23113 of 2007.

Notice before admission was ordered in the Contempt Case on 02.03.2018.

Today, when the matter is taken up for hearing, learned Assistant Government Pleader produced before this Court the written instructions issued by the District Registrar, Nalgonda, stating that in compliance with the orders of this Court dated 12.07.2017, the Government has accorded permission to refund the excess collected amount of Rs.9,51,000/- relating to document No.1292 of 2008 of Sub-Registrar Office, Choutuppal, and the Commissioner and Inspector General of Registration and Stamps, Hyderabad, directed the District Registrar, Nalgonda to take necessary action to refund the said amount. Accordingly, the District Registrar, Nalgonda sanctioned refund of the excess collected amount of Rs.9,51,000/- and the same was paid to the petitioner through Bankers Cheques bearing Nos.246710 and 246714, dated 07.07.2018, for Rs.9,00,945/- and Rs.50,055/- respectively. The copy of receipt of the said cheques issued by the petitioner is also filed along with the said written instructions.

In view of the above, since the orders of this Court have been complied with, no further orders are necessary in the present Contempt Case and the same is, accordingly, closed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous applications, if any, pending in this Contempt Case shall stand closed.

_____________________________ KONGARA VI JAYA LAKSHMI , J.

Date: 30.07.2018 Nsr

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Contempt Case No.439 of 2018 Date: 30.07.2018 Nsr