K. Swamy v. C. Radha

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.1405 OF 2015

O R D E R

This contempt case is filed alleging violation of order dated 09.03.2015 passed in W.P.No.39300 of 2015 wherein this Court directed the respondent officials to take action against the respondent/4th respondent after issuing notice, as already directed in the writ petition filed by the respondent in W.P.No.3029 of 2015. In the contempt affidavit, it is stated that in pursuance of the orders passed by this Court, though the Gram Panchayat issued notice to the respondent on 08.05.2015, she is proceeding with the construction in deviation of the sanctioned permission. On the other hand, learned counsel for the respondent submits that in pursuance of the orders passed by this Court, the Gram Panchayat issued notice to the respondent on 08.05.2015 and that the respondent will file explanation to the same. As such there is no violation of the orders passed by this Court, since there is no direction to stop the construction.

In this case, it is to be seen that since notice has already been issued to the respondent by the Gram Panchayat on 08.05.2015, it is for the Gram Panchayat to take further action if the respondent has made any constructions in deviation of the approved plan. Accordingly, the contempt case is disposed of directing the Gram Panchayat to take further action in pursuance of the notice dated 08.05.2015 in accordance with law. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J Date: 21.09.2015

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