Bhukya Narsimha v. Smt.C.Padmavathi

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CONTEMPT CASE No.455 of 2019 ORDER:

This contempt case was instituted alleging willful disobedience to the order dated 31.01.2019 passed by this Court in W.P.No.1790 of 2019. By the said order, the Tahsildar, Rajapet Mandal, Yadadri-Bhongir District, was directed to take appropriate action upon the petitioner's online application dated 20.09.2016 within a time frame. Alleging that no action was taken thereon, the petitioner filed the present contempt case. The contempt case was admitted on 12.04.2019 and the respondent-Tahsildar was directed to be present before this Court on 07.06.2019.

As the respondent-Tahsildar was not present in person when the matter was called during the morning session, the case was passed over. The respondent-Tahsildar presented herself before this Court during the afternoon session and the learned Assistant Government Pleader stated that owing to some medical issue, the respondent-Tahsildar went to Yashoda Hospital. The medical file in this regard is produced in proof of the respondent-Tahsildar having gone to the hospital today in the morning.

As regards the alleged disobedience, learned Assistant Government Pleader would state that Memo dated 05.03.2019 was issued by the respondent-Tahsildar setting out the reasons as to why the petitioner's online application was rejected. He would further state that the said Memo was also communicated to the petitioner. In that view of the matter, though there appears to be some amount of delay on the part of the respondent-Tahsildar in complying with the order, as this Court does not find any proof of willful and deliberate

disobedience, the contempt case is closed. This order shall however not preclude the petitioner from taking recourse to independent remedies available to him in law if he is aggrieved by the Memo dated 05.03.2019 issued by the respondent-Tahsildar. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:07.06.2019 PGS