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High Court for State of TelanganaCC/1041/2017closed no costs

Syed Afzal Ahmed v. Sri Naveen Mittal

2017-07-28P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 28.07.2017 Between:

Syed Afzal Ahmed S/o Syed Meer, Aged about 59 years, Occu: Advocate, R/o H.No.12-342, Islaampura, Mancherial Post and Mandal, Adilabad District.

..... Petitioner / Petitioner and Sri Naveen Mittal, Principal Secretary, Municipal Administration Department, Govt.of Telangana, Secretariat, Hyderabad and others.

.....Respondents/ respondents 1 to 4 The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This Court, by order, dated 28.09.2015, made in W.P.M.P.No.18536 of 2014 in W.P.No.14943 of 2014, directed the respondents to ensure that no construction activity; laying or preparation of layout be taken without obtaining due permissions. Alleging violation of the said directions and when construction activity was permitted by respondent authorities, this contempt case is filed.

2.

In the counter-affidavit filed on behalf of respondents 2 and 3, it is stated that having noticed some illegal construction is being taken up, appropriate steps were taken as required by law and final notice was issued on 12.06.2017 directing the persons to undertake to remove the sheds. Aggrieved thereby, Writ Petition No.19649 of 2017 is filed and this Court, by order, dated 16.06.2017, directed the respondents not to take any action against the temporary sheds constructed by the petitioner over the land in question for the purpose of constructing a building in that location.

3.

Learned standing counsel, therefore, submits that no further steps can be taken because of the interim orders granted by this Court in another writ petition.

4.

Having regard to these facts, it cannot be said that there was deliberate and willful violation of directions issued by this Court warranting initiation of the proceedings under the Contempt of Courts Act. Contempt Case is accordingly closed.

Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.

___________________________ JUSTICE P.NAVEEN RAO Date: 28.07.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 28.07.2017 kkm