O.Purushotham, v. Mr. Y.R. Surahmanyam,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Contempt Case No.758 of 2016 Date:10.6.2016 Between:

O. Purushotham, Anantapur and others.

.....Petitioners And Mr. Y.R. Subrahmanyam, Superintending Engineer, Roads & Buildings, Hyderabad.

... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Contempt Case No.758 of 2016 PC:(Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

We have perused our order dated 4.11.2015 passed in P.I.L. No. 254 of 2015, wherein we recorded the statement of learned counsel appearing for the respondent that the respondent shall provide alternative level crossing. According to learned counsel for the petitioners, till this date, respondent has not provided alternative level crossing.

Respondent has filed counter affidavit stating that the existing level crossing itself is kept open, and, therefore the question of providing alternative level crossing does not arise.

We have also perused the photographs produced by learned counsel for the petitioners, which, according to them, show the inconvenience caused to the vehicles. It may be true that the construction work which is going on right in the middle of the road is causing some inconvenience, but, that is not sufficient to hold that the existing level crossing cannot be used. We do not find any wilful disobedience on the part of respondents. The contempt case is accordingly rejected.

____________________ DILIP B.

BHOSALE, ACJ _________________ S.V.

BHATT, J 10th June, 2016

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