Sathi Reddy , Sathaiah v. Sri S Suraj Kumar

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CONTEMPT CASE No.682 of 2019 ORDER:

The respondents are present in person.

2.

This contempt case was instituted alleging willful disobedience to the order dated 27.02.2019 passed in I.A.No.1 of 2019 in W.P.No.4061 of 2019. By the said order, this Court took note of the statement made on behalf of the petitioner to the effect that the order dated 23.03.2010 passed by the Joint Collector, Nalgonda, in Case No.F2/C3/JC/TA/8/1988 (wrongly shown as 1998) was still holding the field and directed the present Joint Collector, Nalgonda, the Revenue Divisional Officer, Choutuppal, Yadadri District, the first respondent, and the Tahsildar, B.Pochampally Mandal, the second respondent, to duly implement the same.

3.

The Tahsildar, B.Pochampally Mandal, filed a counter-affidavit stating that the order dated 23.03.2010 passed by the Joint Collector, Nalgonda, was an interim order and the same was thereafter vacated, vide order dated 24.01.2011 passed in Case No.F2/C3/JC/TA/8/1988, whereby the Joint Collector, Nalgonda, annulled the earlier order dated 23.03.2010 passed by him.

4.

In the light of the aforestated later order, it is clear that the order dated 23.03.2010 could not have been implemented in terms of the interim direction of this Court. The said interim order was passed upon the erroneous statement made to the effect that the earlier order dated 23.03.2010 passed by the Joint Collector, Nalgonda, was still holding the filed.

5.

As Section 13(b) of the Contempt of Courts Act, 1971, states that truth is a valid ground of defence in a contempt proceeding, this Court finds no grounds to exercise contempt jurisdiction. 6.

The contempt case is accordingly dismissed. No order as to costs. _______________________ SANJAY KUMAR, J Date:19.07.2019 PGS