M/S.Ambica Empire, v. Sri Nanduri Sambasiva Rao,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI CONTEMPT CASE No.771 of 2017 ORDER: (per SK,J) This contempt case was instituted alleging wilful and deliberate disobedience to the order dated 10.02.2015 passed by this Court in C.M.A.M.P.No.106 of 2015 in C.M.A.No.251 of 2015. By the said order, this Court directed status quo obtaining as on that day to be maintained by both parties. This order would have to be understood in the context of the pleadings filed by the Andhra Pradesh State Road Transport Corporation (APSRTC), the appellant in C.M.A.No.106 of 2015. In para 14 of the affidavit filed in support of the miscellaneous petition, the APSRTC stated that it was using the subject land admeasuring 2,836 square yards for parking its buses and therefore, the question of the respondent in the C.M.A.

being in possession of the same did not arise. The APSRTC further stated in categorical terms that the respondent was never in possession of the said land nor made any alterations or commenced any construction activity. The complaint of the petitioner in this contempt case, the respondent in the C.M.A., is that the APSRTC was continuing to park its buses in the subject land without intimation to it and that the said act constituted wilful and deliberate disobedience to the order passed by this Court.

As the order of status quo was passed by this Court on the strength of an assertion made by the APSRTC that it was using the subject land for parking its buses, it cannot now be considered that the said act constitutes wilful and deliberate disobedience to the order passed by this

Court. We therefore find no reason to exercise jurisdiction under the Contempt of Courts Act, 1971, as no disobedience, much less wilful and deliberate disobedience, is demonstrated.

The contempt case is accordingly dismissed. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR _________________________ M. SEETHARAMA MURTI , J Date:28.07.2017 GJ