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High Court for State of TelanganaCC/2084/2015closed no costs

Parvathala Narsimha Reddy, Y.S.R. Kadapa Dist. v. K.V. Ramana, Y.S.R. Kadapa Dist.

2017-12-21Sanjay Kumar,J. Uma Devi2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE MS. JUSTI CE J.UMA DEVI CONTEMPT CASE NO.2084 of 2015 ORDER: (per SK,J) This contempt case was instituted alleging wilful disobedience to the order dated 15.09.2014 passed by this Court in P.I.L.No.222 of 2014. By the said order, this Court directed the District Collector, Y.S.R. Kadapa District, to enquire into the complaint dated 23.06.2014 made by the petitioner and if the contents thereof were found to be correct, the District Collector was directed to take lawful action against the persons who were responsible for making constructions in the subject land. Notice of hearing was to be given to the persons who might be affected by any such action and the District Collector was required to complete the entire exercise within eight weeks from the date of communication of the order.

While so, it appears that the 12th respondent in P.I.L.No.222 of 2014 had already filed O.S.No.46 of 2013 before the learned Junior Civil Judge, Nandalur, against the Panchayat Raj authorities of the State and by order dated 18.09.2017 passed in I.A.No.114 of 2013 filed in the said suit, the learned Junior Civil Judge, Nandalur, disposed of the said I.A. restraining the Panchayat Raj authorities of the State from interfering with the peaceful possession of the plaintiff therein until disposal of the suit. In the light of the aforestated injunction, the petitioner cannot attribute any inaction to the District Collector, Y.S.R. Kadapa District, in the context of the order dated 15.09.2014 passed by this Court in P.I.L.No.222 of 2014.

We therefore find no disobedience, much less wilful disobedience, to the said order warranting exercise of contempt jurisdiction.

The contempt case is accordingly closed. No order as to costs. ________________ SANJAY KUMAR,J _____________ J.UMA DEVI ,J Date:21.12.2017 GJ