Baqer Hussain Hyd v. Somesh Kumar, Hyd And ANR

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.812 of 2014 ORDER:

The order, violation of which is alleged in this Contempt Case, is the order passed in W.P.M.P.No.4005 of 2014 in W.P.No.3257 of 2014 dated 14.02.2014 whereby the 2nd respondent was directed not to make any further construction, and it was made clear that the order did not preclude the 1st respondent to take action for demolition strictly in accordance with law or for the 2nd respondent to make an application seeking regularisation of the construction, if permissible, under Section 455-A of the Greater Hyderabad Municipal Corporation Act, 1955. In the counter-affidavit, filed by the 2nd respondent, it is stated that, by the time the order was communicated, construction was almost over; no further construction was made by the 2nd respondent after a copy of the order was served on him; the petitioner himself is in illegal possession of the 2nd respondent's land; and steps have been taken to comply with the order of this Court by making no further construction on the property.

As no reply affidavit has been filed to the counter-affidavit of the 2nd respondent, and as it is evident therefrom that no further construction is being made after receipt of a copy of the order, we see no reason to proceed against the 2nd respondent under the Contempt of Courts Act.

The Contempt Case is, accordingly, closed. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_______________________________ (RAMESH RANGANATHAN, J) 20th July, 2018 JSU

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.812 of 2014 Date: 20.07.2018 JSU