Smt. Lalitha Devi v. Sri Aruna Singh

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.911 of 2016 ORDER :

The Writ Petition was disposed of by order dated 04.09.2014. The operative portion of the order reads as follows: "In view of the rival stands on the issue, as agreed, the Writ Petition is disposed of giving liberty to the petitioner to submit a detailed representation to the Divisional Railway Manager (Works), South Central Railway, Secunderabad (2nd respondent) bringing to the notice of the Railways, the ownership, occupation and enjoyment of property by enclosing all relevant documents in support of the claim and if necessary, the photographs of the area.

As and when such representation is received, the Railway Administration shall attend to the grievance of the petitioner and communicate their decision within a period of three (3) weeks. If the respondent authorities have not redressed the grievance of the petitioner, it is open to the petitioner to work out her remedies. There shall be no order as to costs."

Alleging non-compliance of the directions, even though document required to be submitted was already submitted, this Contempt Case is filed.

The petitioner was served with a letter dated 05.08.2016 by the Divisional Manager (Works). The contents of the letter would show that the document along with the representation was actually received in the office of the Divisional Manager only on 09.02.2016 and the contents of the letter disclose that the relevant documents, which are necessary for the purpose of proving the ownership of the petitioner, are not submitted even by the date of issuance of the said letter. Thus by the time the contempt was instituted the petitioner has not submitted the documents necessary for consideration by the competent authority in terms of the directions of the Court. Therefore, the petitioner cannot allege disobedience of the order of this Court.

As no contempt is made out, the Contempt Case is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Contempt Case shall stand closed.

__________________ P.NAVEEN RAO,J 02nd June, 2017 Tsy