V.Surya Prakash Reddy, v. Sri Somesh Kumar,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** C.C.No.524 of 2015 Between:
V. Surya Prakash Reddy ... Petitioner/Appellant (s) And Sri Somesh Kumar, Commissioner GHMC and 2 others ... Respondent (s) DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?
Yes/No HON'BLE SRI JUSTICE A.RAJASHEKER REDDY C.C.No.524 OF 2015
O R D E R
This Contempt Case is filed alleging violation of orders dated 18.02.2015 passed in W.P.No.3619 of 2015, wherein this Court has
granted status-quo.
The case of the petitioner is that in spite of status-quo orders passed by this Court on 18.02.2015, on 27.02.2015 the respondents started removing the parking portion of subject premises with JCB. As such, there is violation of orders passed by this Court. Counter affidavit is filed by the respondents 1 to 3 stating that they have removed only encroachments during the special drive on 27.02.2015 from Sagar Ring Road to Green Park Colony and never interfered or removed the structures in the cellar portion of the petitioner, which is subject matter of W.P.No.3619 of 2015. It is also stated that instead of using the cellar portion for parking, the petitioner is using the same for doing commercial activity. As per the records, the petitioner paid a sum of Rs.58,35,051/- towards the property tax and in pursuance of the same, Municipal Appeal No.317/2013 is pending before the City Civil Court, Hyderaabad. It is further stated that if the cellar portion is demolished, entire building would have been collapsed. Therefore the contentions of the petitioner are false and baseless.
No reply is filed by the petitioner to the counter filed by the respondents.
Though the respondents categorically stated that they only removed encroachments and not removed the structures in parking portion of the petitioner's premises, the petitioner failed to establish that the respondents have violated the orders passed by this Court. As such, there is no violation of orders passed by this Court.
Accordingly, the Contempt Case is dismissed. No costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed. ___________________________ A.RAJASHEKER REDDY,J Date: 24.07.2015 dv