High Court for State of TelanganaCC/1702/2018dismissed

Transmission Corporation Of Andhra Pradesh Limited v. Sri D.Prakbhakara Rao

2018-07-26C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Contempt Case No.1702 of 2018 Date: 26.07.2018 Between:

Transmission Corporation of Andhra Pradesh Ltd., (APTRANSCO) Rep. by its Chairman & Managing Director ... Petitioner and Sri D.Prabhakara Rao

...Respondent

Counsel for the Petitioner:

Mr.N.Siva Reddy The Court made the following:

CVNR, J & GSP, J CC.No.1702 of 2018 Dt: 26.07.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Contempt Case is filed alleging willful disobedience of Order, dated 02-02-2018, in W.P.No.17963 of 2015 and batch, by the respondent.

At the hearing, the learned Counsel for both parties have not disputed that the beneficiaries under the Judgment, in respect of which contempt is alleged, and the Telangana power utilities have agreed before the Supreme Court that they will maintain status quo in all respects.

Mr.N.Siva Reddy, learned Standing Counsel for the petitioner, submitted that his client is not a party to the said agreement. Even if the petitioner is not a party to the said agreement, the fact, however, remains that the Judgment, in respect of which contempt is alleged, is the subject matter of SLP.No.(C) No.9243/18, dated 09-07-2018, before the Supreme Court and that the beneficiaries under the judgment have agreed for maintenance of status quo. It is also brought to our notice that the said case has been posted to 29-08-2018 for hearing. In these facts and circumstances of the case, we are of the opinion that it is not appropriate to entertain the Contempt Case at this juncture.

CVNR, J & GSP, J CC.No.1702 of 2018 Dt: 26.07.2018 Accordingly, the Contempt Case is dismissed without adjudicating on the merits of the plea raised by the petitioner, however, with liberty to it to avail a fresh remedy subject to the outcome of the aforesaid SLP before the Supreme Court. ______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 26th July, 2018 lur