Md.Rahamathulla v. Sunil Sharma
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE NO: 813 OF 2020 contempt case filed Under sections 10 to 12 of contempt of courts Act to punish the respondent herein for his willful violation and deliberate disobedience of the orders of the High court made in w.p.No.2g631 of 2009 dated 1010212020 Between:
Md. Rahamathulla, S/o Late Jvld. Saheb Ali, aged about 67 years, Occ. Retired Conductor, Staff No. 94980. R/o.H ft.o +-S-a, Vittage, (o1hap"ilV, rvii'"OJ Bheemadevarapally, District. Warangal Urban.
...Petitioner
AND
1. Sunil Sharma, The T.s.R.T.c. represented by its Managing Director, Hyderabad
2. Jeevan Prasad, The T.S.R.T.C represented by its Regional Manager, Karimnagar Region Karimnagar District.
3. Venkatesham, The T.s.R.T.c. represented by its Depot Manager, Godavarikhani Depot, Karimnagar District.
...Respondents
lA NO: 1 OF 2020 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents herein to implement the order passed by this Hon,ble court in w.P.No.2B631 of 2009 dated 10-02-2020 forthwith to pay an amount of Rs.10,000/- to the petitioner along with exemplary cost of Rs.5,000/- towards the cost of filing the present Contempt Case.
Counsel for the Petitioner: SRI SADU RAJESWARA REDDy Counsel for the Respondents: NONE APPEARED The Court made the following: ORDER
THE HON'BLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE No.813 of2O2O ORDER:
This contempt case is filed alleging that directions issued by this Court in WP.No.28631 of 2009 are not complied and Rs. 10,000/- directed to be paid is not paid. 2.
During the course of hearing of contempt, learned counsel for petitioner as well as learned Standing Counsel informs the Court that Rs.10,000/- was paid to the petitioner on 03. 12.2O2O. 3.
Learned counsel for petitioner sought to contend that the direction issued by this Court was to pay an amount of Rs. 10,000/- within six weeks, whereas they took more than nine months to make payment and that too after Iiling of contempt. Learned counsel for petitioner submits that the petitioner is forced to litigate in this Court and file this Contempt Case for no fault of him and entitled for awarding of costs in this Contempt Case. 4.
The writ petition was disposed of on 10.02.2020 by giving direction to pay the amount within six weeks from the date of receipt of copy of the order. It is well known that due to present pandemic and to ensure that virus does not spread, complete lockdown was imposed from the mid-night of 23.03.2020. Though subsequently, lockdown was relaxed, pandemic situation is continuing even now and functioning of administration including respondent-Corporation is also affected on account of unforeseen circumstances and therefore, it cannot be said that the delay in payment of Rs. 1O,00O/- directed to be paid by this Court is
J deliberate and wilful lor this Court to hold responjent guilt and to award costs.
S However, the respondent-corporation is directed to be careful in future in dealing with such matters.
6.
Accordingly, this Contempt Case is closed. Miscellaneous petitions, if any pending, stand closed.
Sd/.C.V.MALLIKARJUNA DEPUTY REG MA //TRUE COPY// SECTION OFFICER To,
1. 9n" CC to Sri Sadu Rajeswara Reddy, Advocate tOpUCl
2. Two CD Copies MMK -t^- \
HIGH COURT PNRJ DATED:1811212020 s t ( o 0 7JAil 2021 ), * r:O -* s c.i'
I
ORDER
CC.No.813 ol 2020 CLOSING THE CONTEMPT CASE WITHOUT COSTS q