Smt.K.Radha Bai, v. Abdul Aziz,
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IN THE HIGH COURT FOR
Ar HYolltREABhrE oF TELANGANA FRIDAY..,TH-E THIRTY FIRST DAY OF DECEI/BER rwo rHousAND AND rwmirv diE,.,"-^ PRESENT THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI CONTE MPT APPEALNO:42 oF 2019 . contempt Appeal Under section 19 of contempt of courts Act against the order dated 05'08-2019'in cc No. 4s2 of 2018 on ttre dre ot ttre xig-hto;.t"'-' Between:
Smt.. K..Radha Bai, Tahsildar, Zaheerabad tt/andal, Zaheerabad, Sangareddv District (Medak) ...AppELLANi7 nE3ioliliiEiii"i,i c"c r,ro.
.
AND Abdul Aziz, S/o.Lal Mohd., Aged about 52 years, Occ Business, R/o.H.No.1_5_1 1, f-lqnumal Street, Meena Baiar,zahiabad'post and Mandar, sanqareddv Diatrlci (Medak District ...RESPONDENT/ petitionLi i, tt-N;: isz' ot'zota lA NO: 1 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated : 05.08.2019 in CC.No. 452 ol 2018, pending disposal of the Contempt Appeal.
Counsel for the Appellant: SRI C. V. BHASKAR REDDY Counsel for the Respondent: SRI PRABHAKAR SRIPADA The Court made the following: ORDER
HAN c DRA. SHARMA THE HON'BLI THE CHIEF JUSTICE AND JUSTICE N.
I TH 'H N,BLE )ONTEMPT APPEAL No.42 of 2OL9 JUDGMENT: ([ t the Hon'ble the Chief Justice S(1tish Chandra Shqrnlct) The prr sent contempt appeal is arising out of an order dated ()5.08.2019 passed in C'C'No'452 'cf 2018' The fa:ts of the case reveal that an order was passed by tJ Le learned Singte Judge in W.P.No'29627 of 2Ol7 on 07.lI.2Ol7 directing the respondents therein to consider the representation of the writ I petitioner/rt spondent herein within six weeks. The representati rn was considered and an order "was passed on 18.O7.2O l.9. The learned Single Judge in C.C.No.452 of 2018 hrs imposed a fine of Rs.500/- upon the contemnor/ he appellant herein.
It has been stated before this Court that the appellant hz s assumed the charge as Tahsildar (FAC) on 05.01.2018 and thereafter she has complied rvith the order passec by this Court.
In the considered opinion of this Court, as the appellant hz s assumed the charge on 05.01.201g, she has certainl r complied with the order passed by this Court and tl e delay which took place prior to 05.01.201g
cannot be attributed to the present appellant. Apart frorn directing disposal of the representation, there was no other order passed by the learned Single Judge. Therefore, the present Contempt Appeal is allowed. The order passed by the learned Single Judge in C.C.No.452 of 20 18 is hereby set aside. Liberty is granted to the respondent herein to challenge the order dated 18.07 .2OL9 by filing a fresh writ petition. The miscellaneous applications pending, if any, shaLl stand closed. There sha-ll be no order as to costs. SD/-M.SANTHI VARDHANI JOINT REGISTR.AR I //TRUE COPY/i L10 To, SECTION OFFICER
1. Smt. K.Radha Bai, Tahsildar, Zaheerabad Mandal, Zaheerabad, Sangareddy District (Medak)
2. One CC to SRl. C. V. BHASKAR REDDY, Advocate [OPUC]
3. One CC to SRl. PRABHAKAR SRIPADA, Advocate IOPUC]
4. Two CD Copies
5. One Spare Copy TR -L, j'/
HIGH COURT DATED:31 11212)2'l d-'aFd\
ORDER
CA.No.42 of 21119 1 fl illl?.I''2 ALI-OWING THE CON IEMPT APPEAL, N.
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