Nangunuri Raja Mallaiah, Nizamabad v. Venkateshwar, Nizamabad

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY Contempt Case No.1457 of 2017 ORDER:

This Contempt Case is filed by the petitioner against the respondent herein alleging wilful disobedience of the order passed by a learned Single Judge of this Court in Writ Petition No.27706 of 2014, dated 01.06.2016. 2.

Vide above order, the learned Single Judge directed the 2nd respondent therein to consider the representation, dated 24.05.2014, of the petitioner in respect of open Plot No.3 towards western side in Ward No.6, near to Municipal No.6-13-102, admeasuring Sq.yds., situated at Namdevwada, Nizamabad, and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of the order.

3.

To-day, when the Contempt Case is taken up for hearing, there is no representation on behalf of the

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petitioner. Even on earlier occasion, i.e., on 24.08.2017, there was no representation on behalf of the petitioner. 4.

Counter-affidavit has been filed by the respondent in the Contempt Case, wherein it was stated at para no.6 as under ::

"6.

I respectfully submit that the schedule property in respect of open Plot No.3 towards western side in Ward No.6, near to Municipal No.6-13-102, admeasuring 100 Sq.yds., situated at Namdevwada, Nizamabad, was inspected along with concerned Bill Collector and found that no such plot is existing at the site and C.C. road is existing at the above site. When inspection was conducted with the Town Planning Section, it is revealed that the road is existing since long back and is in use of public for the purpose of roads and transport. I also submit that the application filed by the petitioner is for mutation of the said plot. In the joint inspection, the plot was not identified and it is further revealed that there is no such plot and the road in question is existing since long back."

5.

As per the above averment in the counter-affidavit, it is clear that in the joint inspection, the subject plot was not identified, and it further reveals that there is no such plot and the road in question exists long back.

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6.

In view of above, this Court is of the considered view that, nothing remains in the present Contempt Case, and the same can be closed as no further orders are necessary. 7.

Accordingly, the Contempt Case is closed.

8.

As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed. __________________________________ C.V. BHASKAR REDDY, J Date : 08.02.2023 Ndr