Syed Afzal Ahmed v. Sri Venkanna

HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.2492 of 2015 DATED : 04.08.2016 Between:

Syed Afzal Ahmed S/o.Syed Meer, Aged about 58 yrs, Occu : Advocate, R/o.H.No.12-342, Islaampura, Mancherial Post and Mandal, Adilabad District.

.. Petitioner AND Sri Venkanna, Commissioner, Mancherial Municipality, Adilabad District & another.

.. Respondent The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.2492 of 2015 ORDER:

This contempt case is filed alleging that the direction issued by this Court on 28.09.2015 in W.P.M.P.No.18536 of 2014 in W.P.No.14943 of 2014 is violated and construction in the subject properties continued.

2. The prayer sought by the petitioner in the writ petition was to direct the respondents to prevent further constructions in the land an extent of Ac.15-00 in Sy.No.199 and Ac.2-16 in Sy.No.204 within Mancherial Municipal limits, Adilabad District.

3. In the counter affidavit filed on behalf of respondents 1 and 2 deposed by Sri T.Venkanna, it is specifically averred that no construction activity is going on in Sy.Nos.199 and 204. It is further averred that Sy.No.200 is adjacent to Sy.No.199 and one of the plot owners made four pits at four corners of the plot for identification of their plot. Having noticed the same even such person was also directed not to make any basement in Sy.No.200 without permission.

4. Along with the counter affidavit the photographs taken on 19.01.2016 are also enclosed. These photographs would disclose that no construction activity is going on in Sy.Nos.199 and 204.

5. In view of the categorical assertion of the respondents, it cannot be said that the respondents have violated the order of this Court warranting initiation of proceedings under the Contempt of Courts Act.

6. Accordingly, the contempt case is closed. It is needless to observe that it is always open to the petitioner to bring to the notice of this Court, if any such violation is made contrary to the direction issued by this Court. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this contempt case shall stand closed.

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​ P.NAVEEN RAO,J 4th August, 2016 Rds