S.Devender Singh, Karimnagar Dist. And Another v. Sarfaraz Ahmed Karimnagar Dist. And 2 Others

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.1012 of 2014 ORDER:

This Contempt Case is filed alleging wilful and deliberate violation of the order passed by this Court in W.P.No.4362 of 2014 dated 17.02.2014 whereby the Commissioner, Kariminagar Municipal Corporation was directed to consider the petitioners' representations in accordance with law within two months from the date of receipt of a copy of the order.

In the counter-affidavit, filed by the respondents, it is stated that the petitioners were informed that their representations dated 27.01.2014 and 28.01.2014 had been perused; the Municipal Corporation had conducted a meeting with the road affected persons; widening of the road was taken up as per G.O.Ms.No.585 dated 29.12.2011 and Road Development Plan No.4/87; and, hence, their representations had been disposed of.

The complaint of the petitioners is that, since the action of the respondents in not widening the 100 feet road in accordance with Road Development Plan No.4/87 is illegal, the intimation dated 01.12.2014, that road widening had been taken up as per the Road Development Plan, is not in compliance with the order of this Court. While the intimation dated 01.12.2014 does not appear to deal with the contentions raised in the representations, Sri V.Satyam Reddy, learned Standing Counsel for the Karimnagar Municipal Corporation, would submit that the very same petitioners had thereafter, filed W.P.No.7725 of 2017 wherein the very same Road Development Plan was challenged, and the same relief was sought for.

This Court would not, in contempt proceedings, examine the merits of the order passed by the authorities, pursuant to the earlier directions of this Court. Any challenge thereto can only be made in independent legal proceedings, and not in proceedings under the Contempt of Courts Act. As the petitioner's representation has been considered, I see no reason to proceed against the respondents under the Contempt of Courts Act.

The Contempt Case is, accordingly, closed.

Miscellaneous petitions pending, if any, shall also stand closed. There shall be no order as to costs.

_______________________________ (RAMESH RANGANATHAN, J) 27th July, 2018 JSU

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.1012 of 2014 Date: 27.07.2018 JSU