Suryakant Tiwari v. Sri Janardhan Reddy,

THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No.1015 OF 2016 ORDER:

This Contempt Case was instituted alleging willful disobedience to the order dated 19.04.2016 passed by this Court in W.P.No.12771 of 2016.

2. By the said order, this Court directed the Greater Hyderabad Municipal Corporation to consider the petitioner's representation dated 18.03.2016 and take appropriate action in the matter, if warranted, in accordance with law. The petitioner's complaint is that this direction was not complied with.

3. However, the Assistant City Planner, Circle No.5, Greater Hyderabad Municipal Corporation, filed a counter affidavit stating that in terms of the order passed by this Court, the Corporation conducted hearings on 09.05.2016 and 06.09.2016 after intimating the parties concerned. On 09.05.2016, the petitioner did not attend but the 5th respondent in the Writ Petition, representing the 5th to 7th respondents in the Writ Petition, attended the hearing. At the second hearing on 06.09.2016, again the petitioner was absent. The 5th respondent however attended the hearing. The Assistant City Planner further stated that the Corporation decided to take action against the unofficial respondents in the Writ Petition in relation to the unauthorized construction made by them. However, the 7th respondent

in the Writ Petition filed O.S.No.714 of 2016 before the learned VI Junior Civil Judge, City Civil Court, Hyderabad, and obtained a status quo order on 22.03.2016 in I.A.No.222 of 2016 filed therein. The Assistant City Planner further stated that the Corporation would take further action after getting the status quo order vacated.

4. In the light of the aforestated facts, this Court finds no disobedience, much less willful disobedience, to the order dated 19.04.2016 in W.P.No.12771 of 2016, warranting exercise of contempt jurisdiction.

5. The Contempt Case is accordingly dismissed. No costs. ___________________ SANJAY KUMAR, J February 17, 2017.

MD