L. V. Subrahmanyam v. Sri Maruthi Rao

$ [ 32s5 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAO FRIDAY, THE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR CONTEMPT CASE NO: 2120 OF 2023 Contempt Case filed Under Sections 10 1o 12 of Contempt of Courts Act, 197'1 to punish the respondents their wilful disobedience and deliberate violation of the Orddr of the High iourt dated 12-07-2023 passed in W. P No. 18053 OF 2023. Between:

L. V. Subrahmanyam, S/o Late Sri. L. V. Kamagaslty' Se-d- 64 yrs, Occ Retd Manager, SBl, Rlo U. No. g- 7- 62t285, South End Park, Mansoorabad. L B Nagar. Hyderabad- 68 ...PETITIONER AND Sri Maruthi Rao, Former Deputy Commissioner, Greater. Hyderabad Municipal Corporation, L. 6. Nagar Circle; Ranga Reddy District, Hyderabad. Sri P. Ravrndra Kumar, Deputy Commissioner, Greater Hyderabad Municipal Corporation, L. B. Nagar Circle, Ranga Reddy Districl,Hyderabad. ...RESPONDENTS Counsel for the Petitioner : SRl. P RADHAKRISHNA 9$\ Counsel for the RespondentS: M DURGA PRASAD (SC FOR GHMC) The Court made the following: ORDER

HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR CONTEMPT CASE No.2120 of 2023 ORDER:

Alleging violation of the order dated 72.07.2023 passed by this Court in Writ Petition No.18053 of 2023, the present Contempt Case is filed.

i 2.

Learned standing counsel appearing for respondents submits that in pursuance to the order dated 12.02.2023, the respondent authorities issued proceed ing No.317l TIT. / C3 / LNZ / GHMC / 2023 dated 28.1,0.20?i and further drawn attention of this Court to the following paragraph:- "ln compliancc uith the abooe ord.er, a heaing was cond.ucted with bgth the parties on 11-8-2023 in the Chambers of Deputy Commissioner, Circle No.3, Hayath Nagar and both iW pirtii, hlye- lltlnded the teanng. Dunng the heaing the peiitioner S^n.L V.Submhflunyam has reiterated that his neighbour Smt.K.Anitha Red.dy is making construction without baoiig eaen 2 feet distance to his compound uall and requested to remooe the deztiations. Thz unofrcial Respondent Smt..K.Anitha Reddy has statcd that she has obtained building permission uide permit No.

30 3252/6 377/G H MC202 3 D t :22-06-2023 for construction of Stilt + 2 upper floors at Plot No.284, H.No.3-7-62,e.g4, situated at Southend Park, Mansoorabad and left 3,.6, setback towards complainant's side ns per sanctioned plan but since the petitioner Sd.L.V.Subrahmanyam has encroachcd 1'.6,, into her land (i.e., 13 S-q y!t) the sptback on ground is tooking as 2 feet Only. She has farther stated tlut she has fled ciuil suit in O.S No.

w ( before the Hon,ble prir \Li!,y,v,r i;:::,::,1:"*',;';o"'ilf:;,f:o"':::,[:: si. L. v. s u braimr ry, n, irii, g " r;;; "f ,i';, ;;;::;r..

a 8a t n s t It is subnitted Smt..Kosala Anitha also submitted complainl dated:3l-07-2023 asainst. Sri.L.V.Subrah*rifio*' ona ako fted Wp,Note.sT! o1 iozs * ,ni, uoriiir"*'rii"r"o the sanrc is p::dr!^g adjutlication, pursuant to complaint of Smt.Kosala Anitha da te d: 3t -07 -202 3, this rt :_ !r: t rrii" r'n"r1_ir** ron o ao tra, 1-8-2023 in r,.Ni.stztwtuuqcin_iaiCifuclzozs to Sri.L.V.Subrahnanvam and hc has ,iri i"i*rirri explanation to tlrc said show-Caui notice on 07_0g_2023.

The documents and statcme-nts furnished by both the parties haae been aerifed and. obseroe.d thii eaiii ,ni! "li* has already :;'#::,::n::r!! ff";i.rrt:i"t a"'i' to-'ozllis tv o,ui,i 01-0s-202s.ri i",iiC'rt;ti,!,i:: #: ::;:!f: ,:;f; Xi* Reddy on basis of ptot aiea1nd dimensions;i;;;;Lr ownership ttocument and on ground she .has ii; ,"i;;';;;;;'ck instead of permrtted 3 feet 3 inches tlward.s prtiiorrrii-rii.llu rssue ,aisetl by Smt.K.Anirha Reddv that 7,.6.

"1 n:, U"iZrc incroached by the petitioner Sri.L.V.iubrah*onyok i, ,';;:;r;;;is the subject !,o,,!.r,o^olnoing adjudication ii o.s.uo.s!i ,fzis before the Hon'ble principre lunior Cioit Judge, n.n.oir-i*.'ii"ce the main tssue raised Lry tht petitioner ts at16 regarding ti ai*" arriorior, this offce will takc necessar!.yctio1 ,fi", tli "*trr*, of cioil suit in o.s.No.s3s of 2023, * i.1," 3n9r'*rr;;;j;l;;* regarding the encroachment madc by the S;.L.V.S:r;i;;;;;;; in the tand !..:*!.K.A.ri,ry Rlddy ind atso further ac,,i*"{"iii't, initiated pursuant to the Speaking_-or.dei dnted:1_g_2023 in respect of construction made bu SmiK.Anitha R";;v-r;;; *ouu i, ,ru_ judice before the comietent cruil court.,, Learned standing counsel further pray this Court to close the present contempt case, as the order of this Court passed in Writ petition No.18053 of 2023, dated 12.07.2023 has been complied.

3.

At this stage, learned counsel for the petitioner submits that liberty may be granted to challenge proceeding No.317lTI5/C3/LNZ/GHMC/2023 dated 28.10.2023, if the petitioner is otherwise aggrieved 4.

In view of the submission made by the learned counsel on either side, this Contempt Case is closed, leavhg it open to the petitioner to pursue their remedies, in accordance with law. Miscellaneous applications, if any pending, shall stand closed. No order as to cosLs SD/-M/ RAMANA KRISHNA DEPUW REGIS R //TRUE COPY// SECTION OFFICER To, '1. One CC to SRl. P RADHAKRISHNA, Advocate [OPUCI

2. One CC to SRl. M DURGA PRASAD (SC FOR GHMC), [OPUC]

3. Two CD Copies ADK s

,, HIGH COURT DATED:2911212023 STAT€ q ?

ORDER

i [ [ Ji''L {i:'i ii1 CC.No.2120 of 2023 _] ,( DF.

CLOSING THE CC WITHOUT COSTS @qo $ k o