Khaja Moinuddin v. Sri B.Devsingh,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CONTEMPT CASE NO.969 OF 2017 ORDER:

This contempt case was instituted alleging willful disobedience to the order dated 19.04.2016 passed in W.P.No.12682 of 2016. By the said order, the authority concerned, viz., the Municipal Commissioner, Mahabubnagar Municipal Corporation, Mahabubnagar, was directed to consider the petitioner's representation dated 26.03.2014 and take appropriate action in the matter after giving an opportunity of hearing to all affected parties. Alleging inaction on the part of the authority concerned, this contempt case was filed.

The Commissioner, Mahaboobnagar Municipality, filed a counteraffidavit stating that after issuing notice to both parties and pursuant to the notice already issued to the fourth respondent in the writ petition on 04.06.2014 in relation to construction of steps by encroaching the road, his office removed the said encroachment, i.e., the steps constructed over the road portion on 26.07.2017, with the aid of police. Sri K.Bhaskar Reddy, learned counsel representing Sri N.Praveen Kumar, learned counsel for the respondent, would further inform this Court that no illegality was found in the construction of the shop which was covered by a building sanction order.

In that view of the matter, this Court finds no evidence of disobedience, much less willful disobedience, warranting exercise of contempt jurisdiction.

The contempt case is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. _______________ SANJAY KUMAR,J Date:28.06.2019 GJ