Vigyanpuri Colony Flat Owners Welfare Co-Operative Society v. P.Janardhan Reddy,
HON'BLE SRI JUSTICE C. V. BHASKAR REDDY CONTEMPT CASE No. 1817 of 2018 ORDER:
Writ Petition No.41815 of 2022 was filed seeking a direction to take immediate action to remove the illegal constructed hutments by resetting the hut dwellers at appropriate places, and also to direct the respondents not to provide the amenities to such illegal huts, so as to regularize the illegal settlements and also pass further orders in that regard declaring the inaction on the part of respondents as arbitrary and reasonable.
2.
The writ petition came to be disposed of on 18.12.2017 directing the Deputy Commissioner of GHMC and respondent No.6 to consider and dispose of the representation dated 30.08.2017 submitted by the petitioner in accordance with the procedure established by law, after affording an opportunity of hearing to the concerned persons and appropriate action may be initiated in accordance with law and decision taken in the
matter shall be communicated by the authorities to the petitioner within a week after taking such a decision. 3.
Alleging violation of the said direction, the present contempt case has been filed and the same is pending from 2018.
4.
A counter affidavit has been filed by the respondentMunicipal Corporation on 07.09.2018 stating that the official respondents have tried to remove the encroachments on number of occasions, but the hut dwellers belong to minority community and they are creating gallata at the time of demolition and hence the respondent officials could not demolish the said encroachments. It is also stated that the respondent officials have addressed a letter dated 04.09.2018 to the Deputy Commissioner of Police to provide police assistance at the time of demolition on 05.09.2018 but they have orally informed that in view of the Ganesh Nimmajjanam, they could not provide police assistance. It is further stated in the counter affidavit that the hut
dwellers residing at Vidya Nagar by the side of railway track were provided alternate accommodation vide letter dated 25.06.2007 issued by the Revenue Department after conducting socio-economic survey by the concerned authorities.
5.
Since, the respondents have provided alternate accommodation vide letter dated 25.06.2007 to the hut dwellers, no further orders are necessary in contempt case.
6.
Accordingly, this Contempt Case is closed. There shall be no orders as to costs.
As a sequel, the miscellaneous petitions, if any pending in the contempt case, shall also stand closed. __________________________ C.V. BHASKAR REDDY, J February 15, 2023 AQS/SUS