Sri Siva Mutually Aided Op Thrift Society Ltd., v. Sri P.Ramesh Babu,
IN THE HIGH COURT FOR TIIE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF OCTOBER TWO THOUSAND AND NINETEEN : PRESENT:
THE HONiBLE SRI JUSTICE NI S RAMACHANDRA RAO I.A. No. 1 of 2016(C.A. No. 1099 of 2016) IN CONTEMPT CASE No. 2339 of2015 Between:
S. Athma Lingam S/o Late Veerappa . .....Petitioner/Petitioner (Petitioner in CC. No. 2339 of 2015 On the file of the High Court) AND l. Sri B.K. Pratap, Executive Engineer, Roads and Buildings, Vikarabad Division, Vikarabad, R.R. District-5O1 l0l
2. Ms. Shruti Oja, D/o Sri Sunil Oja, Sub-Collector-cum-LAO/RDO, Vikarabad Division, Vikarabad, R.R. District-5O1 101 Respondents/Respondents (Respondents in CC. No. 2339 of20l5 On the file of the High Court) Counsel for the Pctitioner SRI NI. SIVANANDA KUi\{AR Counsel for Respondent No,1 GP FOR ROADS AND BUILDIT.G Counsel for respondent No. 2:
GP FOR LAND ACQUISITION WHEREAS the petitioner has presented the above Application under Section 151 ot C.P.C., through Sri M. Sivananda Kumar, praying that in the circumstances stated in the affidavit filed therein, the High Court may be pleased to appoint Advocate-Commissioner to visit and note the physical features of Vikaraba-Allampally main road of Vikarabad Town and to verify and report the features after laying of the road subsequent to passing of the interirn order dated 15.09.2016 in WPMP. No. 38286 of 2016 in WP. No. 30931 of 2016;
WHEREAS the said application coming on for hearing, and whereas the High Court, upon perusing the affidavit filed therein, and the earlier orders of the High Court dated 23.12.2016, made the following;
ORDER:
"This application is filed to appoint an AdvocateCommissioner to visit and note down the physical features of Vikarabad-Allampally main road.
The dispute in this Contempt Case is, as to whether the authorities of the Roads & Buildings Department have
-zshifted the road center contrary to the undertaking given by them in Writ Petition.No22540 of 2015 and contrary to the order passed by this Court on L6.O9.2OLO in Writ Petition.MP.No.38286 of 2016 in Writ Petition.No.3O931 of 20L6.
Therefore, Sri Sampath Prabhakar Reddy, Advocate, is appointed as an Advocate-Commissioner to submit a Report to the Court as to:
Whether the allegations leveled by the petitioner against the officials of the Roads & Buildings Department is true or not ?
He shall execute the warrant after giving notice to the counsel for the petitioner as well as the Government Pleader for Roads & Buildings in the High Court. The fee of the Advocate Commissioner is fixed at Rs.1O,OOO/-, which shall be paid by petitioner in advance. The expenses for transport and stay of the AdvocateCommissioner at Vikarabad shall be borne by the petitioner. Accordingly, this application is ordered."
Sd/-C.V.MALLIKARJL]NA VARMA DEPUTY REGISTRAR //TRUE COPY// 0SECTION OFFICER To
1. Sri B.K. Pratap, Executive Engineer, Roads and Buildings, Vikarabad Division, Vikarabad, R.R. District-5O1 101
2. Ms. Shruti Oja, D/o Sri Sunil Oja, Sub-Collector-cum-LAO/RDO, Vikarabad Division, Vikarabad, R.R. District-501 101
3. Sri Samptah Prabhakr Reddy, Advocate, High Court, Hyderabad (By Spl. Messenger along with a copy of warrant)
4. One CC to Sri M. Sivanand Kumar, Advocate (OPUC)
5. Two CC to GP for Roads and Building, High Court, Hyderabad(OUT)
6. Two CC to GP for Land Acquisition, High Court, Hyderabad(OUT)
7. One spare copy
o HIGH COURT .\IS RJ DATE:25.10.2019 NOTE: POST ON I5.11.2019 FOR FILING REPORT BY THE,\DVOC,\TE COMMISSIONER
ORDER
I.A. NO. I OF 2016(CA. No. 1099 of 2016) IN c.c. No. 2339 ()F 201s APPOINT OF AD\/ C(],\TE CONINI ISSIONER T of t UJ&a o s ^\+'
H91$