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High Court for State of TelanganaCC/19/2016closed no costs

Chevan Indal v. Mr. Shiva Raju,

2016-09-09A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI CONTEMPT CASE No.19 of 2016 ORDER:

This contempt case is filed under Sections 10 to 12 of the Contempt of Courts Act, alleging willful disobedience of the orders of this Court passed on 26-10-2015 in W.P.No.34525 of 2015.

By way of an order, dated 26-10-2015 this Court disposed of the writ petition and the operative portion of said order in paragraph No.4 reads as under:

"4.

For the aforesaid reasons, the writ petition is disposed of, keeping it open for the petitioner to make an application to the Deputy Commissioner of Prohibition and Excise, Adilabad for release of the vehicle within a period of one week from the date of receipt of a copy of this order. If any such application is filed by the petitioner herein, the same may be considered and appropriate orders be passed within a period of three weeks thereafter. No costs."

A counter-affidavit is filed by the Deputy Commissioner of Prohibition and Excise, Adilabad stating as follows: "... ... ... Further I submit that on receipt of application filed by the applicant for release of vehicle on 23-112015 immediately it was considered and Motor vehicle inspector has been requested to issue the Upset value of the Vehicle through this Office Rc.No.598/2015/P&Ex/ A2, Dt:24-11-2015. The Motor vehicle Inspector Nirmal

has submitted the Upset value on 09-02-2016 with delay of 60 days and immediately on receipt of the same release orders have been issued vide Cr.No.598/2015/P&Ex/A2, Dt:09-02-2016 as per law. Hence, it is submitted that there is no willful disobedience of the orders of Hon'ble High Court in W.P.No.34525 of 2015, dt.26-10-2016."

In view of the above developments including release of the vehicle, nothing further survives for adjudication in the matter.

Accordingly, the contempt case is closed and the respondent stands discharged.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J September 09, 2016 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI CONTEMPT CASE No.19 of 2016 September 09, 2016 Pn