Mr.Mohammed Zaki Quadri v. Mr.Lokesh Kumar

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CONTEMPT CASE NO: 1481 OF 2022 Contempt Case filed under Sections 1 0 to 12 of Contempt of Courts Act 1971 to punish the Respondents more particularly the Respondent No.3 herein Under Section 10 to 12 of the Contempt of Courts Act for willful disobedience and deliberate violation of the Honorable Court Order dated 2910412022 passed in W.P.No.22823 of 2022.

Between:

Mr.Mohammed Zaki Quadri, S/o.Mohammed Fareed Quadri Aged about 33 years, Occ. Business, Rio.H. No.20-5-245, Qazipura, Charminar, Hyderabad65.TS

...Petitioner

AND '1. Mr.Lokesh Kumar, The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad-TS

2. Mr.S.N.Surya, The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.9, Sardar Mahal, Hyderabad-TS. (Leave Granted to implead Respondent Nos. 1& 2 as per Court Order dated 1811012024 in lA.No.1/2022 in CC No. 1481/2022.) ...Proposed Respondents

3. Mr.Mohammed Faheem, The Assistant City Planner, Town Planning Section, Greater Hyderabad Municipal Corporation, Circle No.9, Sardar Mahal, Hyderabad-TS

...Respondent

Counsel for the Petitioner(s): SRI B. SANTOSH (None Appeared) Counsel forthe Respondent: PRAVEEN KUMAR VEERJALA (SC FOR GHMC) The Court made the following Order:-

.tI]E IION'BLE SRI JUSTICE K.LAKSHMAN CONTEMPT CASE No.l48I OF 2022 ORDER:

, None appears for the petitioner.

2. Heard Sd Praveen Kumar Veerjala, leamed standing counsel appearing for the respondents.

3. This Contempt Case is filed alleging willful and deliberate violation of the order dated 29.04.2022 in W.p.No .22823 of 2022. Vide the aforesaid order, this Court disposed ofthe said writ petition directing the 4'h respondent therein/The Assistant City planner, GHMC, to consider the representation dated 04.03.2022 submitted by the petitioner within a period of four weeks from the date of receipt of the said order.

4. 3'd respondent filed counter stating that the Assistant City Planner considered the said representation dated 04.03.2022 submitted by the petitioner and passed speaking order dated 21.05.2023 by following due procedure laid down under law including issuance of show cause notice dated 13.12.2022. Though the counter is filed on 30.10.2023, the petitioner did not file any reply adverting the said contentlons.

,I

5. It is also contended by him that the respondent Nos.5 and 6 in the said writ petition filed a suit vide O.S.No.5300 of 2022 against GHMC and vide order dated 11.01.2023 in I.A.No.609 of 2022 in the said suit, VI Junior Civil Judge, City Civil Court, Hyderabad, directed the parties to maintain status quo. However, GHMC taking steps to vacate the said interim order and for dismissal of the suit by filing counter and written statement. It is further submitted that after vacating the said interim order, The GHMC will take action against the petitioners therein in accordance with law.

6. As discussed supra, the 4th respondent/Assistant City Planner, GHMC has already complied with the order, dated 29.04.2022 in W.P.No.22823 of 2022. To punish the contemnor under Section 12 of the Contempt of Courts Act, there shall be willful and deliberate violation of the order, but in the present case, there is no violation of the order much less willful and deliberate violation.

7. In the light ofthe above, this contempt case is closed. Consequently, miscellaneous petitions, if any, pending in this Contempt Case, shall stand closed.

Sd/. B. SATYAVATHI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, \

1. One CC to SRI B. Santosh, Advocate IOPUC]

2. One CC to SRI Praveen Kumar Veerjala (SC FOR GHMC), Advocate [OPUC] s Two CD Copies VC/glt Ig.

HIGH COURT DATED:1811012024 th€ SI4 rs (,( I:

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ORDER

2 4 ilAn 2025 CC.No.1481 ot 2022 "..

t sparCHC1) CLOSING THE CONTEMPT CASE @ blai