Mohammed Jahangir Pasha, Mbnr Dist. v. Dev Singh, Mbnr Dist. And Another

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CONTEMPT CASE NO.1434 OF 2017 ORDER:

This contempt case was instituted alleging willful disobedience to the order dated 06.04.2016 passed in W.P.No.11144 of 2016. By the said order, the Mahabubnagar Municipal Corporation was directed to consider the petitioner's representation dated 19.03.2016 and take appropriate action in the matter after affording an opportunity of hearing to all affected parties.

Sri K.Bhaskar Reddy, learned counsel representing Sri N.Praveen Kumar, learned counsel for the first respondent, viz., the Commissioner, Mahaboobnagar Municipal Corporation, would inform this Court that the unauthorised construction which was the subject-matter of the writ petition did not fall within the limits of Mahaboobnagar Municipality, which was thereafter converted into a Corporation, and therefore, it was not concerned with the subject construction made at Achampet Mandal. He would further state that an intimation was given to the petitioner on this aspect on 16.08.2017. A copy thereof is placed on record. In the light of the aforestated facts, it is clear that the petitioner procured an order against the wrong authority, viz., Mahabubnagar Municipal Corporation. No disobedience, much less willful disobedience, can be attributed to the Mahabubnagar Municipal Corporation when the subject construction does not fall within its jurisdiction. The contempt case is accordingly dismissed. No order as to costs. _______________ SANJAY KUMAR,J Date:28.06.2019 GJ