Sri. Annaldas Srinivas, Karimnagar Dist. v. Sri Badugu Suman Rao, Karimnagar Dist. And 3 Othrs
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY Petition under Sections 10 to 12 of Contempt of Courts Act, 1971 to punish the respondents for their deliberate, willful violation of interim orders passed by this Hon'ble Court dated 16-07-2014 passed in W.P.M.P.No.23714 of 2014 in W.P.No.18914 of 2014.
Between:
Sri Annaldas Srinivas, S/o. Sri Laxmirajam, Aged: 33 years, Occ: Business, R/o. Garshakurthi Village, Gangadhara Mandal, Karimnagar District ...PETITIONER AND
1. Sri Badugu Suman Rao, Commissioner, Sircila Municipality, Karimnagar District
2. Smt. Bitla Sujatha, W/o. Sri. Srinivas, Age:35, Occ: Household, R/o. H. No. 2-6-53, Sanjeevaiah Nagar, Sircilla, Karimnagar District
3. Sri. Bitla Srinivas, S/o. Lingaiah, Age: 38, Occ: Business, R/o. H. No.2-6-53, Sanjeevaiah Nagar, Sircilla, Karimnagar District
4. Sri. Bitla Sridhar, S/o. Sri. Dhan Singh, Age:32, Occ: Business, Rl/o. H. No. 26-53, Sanjeevaiah Nagar, Sircilla, Karimnagar District ...RESPONDENTS Counsel for the Petitioner : Sri T. SURYA SATISH Gounsel for the Respondent No.1: Sri KADARU PRABHAKAR RAO, GP FOR MCPL ADMN & URBAN DEV The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY CONTEMPT CASE No.199B of 2O1S ORDER:
The Contempt Case has been filed for violation of the order passed by this court in w.P.M.P.No.23Tr4 of 2or4 in W.P. No.18914 of 2014, dated 16.07.2OL4.
By the aforesaid order dated 16.07.2014, this Court while granting interim order directed respondent Nos.2 to 4 to not to make any further construction except after obtaining written permission from the 1st respondent. It is also made clear that the interim order passed by this Court shall not preclude the l"t respondent from proceeding and taking action against respondent Nos.2 to 4 in accordance with law. Alleging non-compliance of the said order, this Contempt Case is filed.
Even though notice has been issued on 1O.0g.201g, no counter has been liled or any appearance has been marked on behalf of respondents. on 03.o2.2o2s, this court issued Form-I to the Commissioner, Siricilla Municipality, the then Commissioner in pursLlance of the order dat h_ ei .'. ..
_:d 03.02.2023,
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appeared before this Court and had filed counter affidavit and tendered unconditional apologr. Accepting the same, presence of Commissioner is dispensed with and is exonerated in the contempt proceedings.
In the counter affidavit, it is stated that when this Court passed order on L6.O7.2OL4, Mr.Badugu Suman Rao was not working as Commissioner, Siricilla Municipality and he was working as Deputy Commissioner, Warangal Municipal Corporation. Immediately after he was transferred to Siricilla Municipal Council as Commissioner on 22.O9.2OL4, he pursued the orders passed by this Court and issued show-cause notice to respondent Nos.3 and 4 vide proceedings No.Gl/UC/MCS /2OLS-LO, dated 07.O3.2OL5, under Section 228(31 of Andhra Pradesh Municipality Act, 1965, adopted by the Telangana Municipality Act, 2OL9, for removal of the illegal constructions. It is further stated that after receipt of the said notice, the respondent No.4 in the writ petition has approached the Civil Court and instituted suit vide O.S.No.188 of 2Ol3 before the Court of Senior Civil Judge, Siricilla, in respect of the subject property and also filed W.P.No.10634 of 2015 on the file of this Court and this Court vide order dated 15.04.2015 has directed the parties to maintain status-quo. In view of the_ said
-) order, no further course of action for removal of illegal construction has been taken Learned standing counsel appearing for respondent No.1 submits that soon after disposal of the said suit vide O.S'No' 188 of 2013 and the writ petition pending on the file of this Court vide W.P.No.10634 of 2015, appropriate action will be taken for removal of illegal construction, in accordance with law. Recording the said submissions of learned standing counsel for respondent No.l, this Court is of the considered view that no further orders are required to be passed in this Contempt Case. Accordingly, the Contempt Case is closed' As a sequel, the miscellaneous petitions pending, if any' shall stand'closed sd/- B SAWAV DEPUTY /TRUE COPY/ SECTION OFFICER To,
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ORDER
".,...,...1...;,J CC.No.1993 of 2015 CLOSING THE CONTEMPT CASE.
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