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High Court for State of TelanganaCC/1440/2014dismissed

Lingal Nagabhushanam, v. Shri L.Gopaiah,

2015-10-09C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CONTEMPT CASE NO.1440 of 2014 DATED:09-10-2015 Between:

Lingal Nagabhushanam ... Petitioner And L. Gopaiah Divisional Engineer APCPDCL (T.S. TRANSCO) Miryalaguda, Nalgonda District ... Respondent ... Respondents COUNSEL FOR THE PETITIONER: Mr. B. Satyanarayana Reddy COUNSEL FOR THE RESPONDENT: -

THE COURT MADE THE FOLLOWING:

ORDER:

This contempt case is filed alleging wilful disobedience of order dt.7.3.2012 in W.P.M.P. No.7984 of 2012 in W.P. No.6286 of 2012. By the above mentioned order, this Court has granted interim stay of all further work of road widening, including the electrical work. The petitioner has issued a notice on 30.7.2012 styling the same as 'contempt notice' to the respondent wherein it is inter alia stated that the respondent has disobeyed the order of this Court by laying high power electrical wire from the terrace of the petitioner's building. Having issued the said notice, the petitioner filed the present contempt case only on 4.9.2014, i.e., more than two years of the alleged disobedience of the order of this Court.

Section 20 of the Contempt of Courts Act, 1971, prohibits the Court from initiating any proceedings for contempt either on its own motion or otherwise after expiry of the period of one year of which the contempt is alleged to have been committed.

In view of this peremptory legislative mandate, the contempt case filed more than two years after the alleged violation of the interim order of this Court is barred by limitation. Hence, the contempt case is dismissed on this ground alone.

_______________________ C.V. NAGARJUNA REDDY, J 09-10-2015 bnr