G.Venkata Swamy v. Sri Dana Kishore

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 688 of 2019 ORDER:

This Contempt Case is filed alleging non-compliance of the order dated 08.02.2019 passed by this Court in Writ Petition No.2188 of 2019.

In the aforesaid writ petition, it is the case of the petitioner that despite he has a right and title over the subject property and other proceedings before the revenue authorities are pending, permission was granted to respondent Nos.3 to 6 ignoring the objections raised by him through letters dated 20.02.2015, 02.04.2015, 13.10.2017 and 19.07.2018 addressed to respondent No.1 herein.

By the aforesaid order, this Court while disposing of the writ petition directed the respondents herein to consider the representation dated 19.07.2018 said to have been filed by the petitioner with respect to granting of permission in favour of respondent Nos.3 to 6 therein.

In the present case, learned counsel for respondent No.1, who filed a counter-affidavit, submits that there was a delay in considering the representations of the petitioner, but, as a matter of fact, the same came to be considered and orders were passed on 10.07.2019 and such delay is only on account of the work pressure and it is neither intentional nor wanton.

CKR, J C.C.No.688 of 2019 A perusal of the order dated 08.02.2019 discloses that this Court having considered the submissions of the learned counsel for the respondents that there is no system of maintaining a caveat and it is quite impossible for the respondents to keep track of all the objections received by correlating the same with the applications that may be made by the property owners/the persons claiming right over the property for grant of permission, directed the respondents herein for consideration of the petitioner's representation dated 19.07.2018 only. Admittedly, respondent No.1 passed orders on 10.07.2019. Inasmuch as the representation dated 19.07.

2018 submitted by the petitioner stands considered though there is a delay of about five months in passing such orders, the order of this Court has been substantially complied with, as such, it cannot be said that there is contempt on the part of the respondents. In those circumstances, without expressing any opinion on the order dated 10.07.2019, the Contempt Case is closed. _________________________ CHALLA KODANDA RAM, J 26th JULY, 2019.

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