Kantheti Venkata Naga Satya Muneswararao, v. D.Rama Siddi Rajulu

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.1009 OF 2015 O R D E R :

The contempt case is filed alleging violation of the orders dated 05.02.2015 passed by this Court in WP.No.2053 of 2015, wherein this Court directed both the parties to maintain Status-quo. The case of the petitioner is that inspite of Status-quo orders passed by this Court, the respondents are interfering with the possession and they refused to receive the orders passed by this Court, as such, the respondents committed violation of the orders passed by this Court.

On the other hand the 1st respondent filed counter affidavit stating that he came to know about the Status-quo orders passed by this Court only on 11.02.2015 and in fact, the fencing erected by the writ petitioner illegally, was removed by the Grampanchayat on 04.02.2015 itself with due notice to the writ petitioner and the same had also came as news item on 05.02.2015 in 'Sakshi' Daily newspaper. As such he denied the contention raised by the petitioner in writ petition that the 1st respondent along with others, having information about the orders dated 05.02.2015, passed by this Court, illegally and intentionally removed the fencing. It is also stated that after receipt of the notice of this Court on 11.02.

2015, he immediately stopped further steps in the matter and immediately approached this Court and filed counter and vacate stay petition on 19.02.2015. It is also submitted that he is having highest regard and respect towards the orders passed by this Court and would never, ever commit any action which would violate the directions passed by this Court and that in the event of this Court comes to the conclusion that he violated any order or direction of this Court, he tendered unconditional apology to this Court.

No reply is filed by the petitioner.

Herd learned counsel for the petitioner and learned counsel for the 1st respondent.

Since it is stated in the counter affidavit that the orders dated 05.02.2015 passed by this Court were received by the 1st respondent only on 11.02.2015 and that after receiving the orders, the respondents stopped further steps and have approached this Court by filing a counter, immediately, and since the petitioner has not chosen to file any reply disputing the contentions raised in the counter affidavit, I do not see any violation of the orders dated 05.02.2015, passed by this Court, by the respondents. Accordingly, the Contempt Case is dismissed. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the contempt case, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 10.07.2015 t k.