Maragoni Jagannatham, Nalgonda Dist. v. B.R. Meena, Hyd And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 2012 OF 2017 O R D E R:

This contempt case is filed alleging non-implementation of the order, dated 28.04.2015, passed in W.P.No.12684 of 2015. On 28.04.2015, this Court while ordering notice before admission in W.P.No.12684 of 2015, passed the following interim order:

"There shall be interim direction to the respondents not to interfere with the petitioner's land situated in Survey No.9RU, Madhapuram Village, Turkapalli Mandal, Nalgonda District, without following the due process of law, pending disposal of the main writ petition."

In para 8 of the affidavit filed in support of the contempt case, the petitioner stated as under:

"I submit that after receipt of the said order I issued legal notice through my counsel to respondent Nos.1 to 5 through Registered Post with Acknowledgment Due. But, the respondents violated the orders of this Honourable Court and laid the road without following due process of law." Respondent Nos.2 to 5 filed separate counter-affidavits specifically asserting that no road is laid in the petitioner's land and as a matter of fact, laying of C.C. road on the existing metal road was undertaken and in fact, was completed by 23.11.2014. Therefore, there is no violation of the order, dated 28.04.2015, by the respondents.

The averments in the contempt case, as extracted above, with respect to the alleged violation, are vague. In the light of the specific stand taken by respondent Nos.2 to 5 in their counter-affidavits that the C.C. road was laid as far back as in the year 2014, much prior to the passing of the order, dated 28.05.2015, I do not find any contempt on the part of the respondents.

The contempt case is accordingly closed.

Consequently, miscellaneous applications, if any shall stand closed.

________________________ CHALLA KODANDA RAM, J Dt:08.12.2017 kdl