Smt. M. Vanaja v. Sri D. Jagan
IN THE HIGH COURT FORTHE STATE OF TELANGANA
AT HYDERABAD I/IONDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FOUR PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR CONTEMPT CASE NO: 2687 OF 2023 Cofltempt Case under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affklavit file herein the High Court may be pleased to summon the respondenUcontemnor herein and punish him suitably for deliberate disobedience, and violating the orders daled 29-08-2O23 passed in W.P.No.23439 ol 2O23.
Between:
Smt. M. Vanaja, Wo Sri M. Krishna, Aged about 47 YeaG, Occ; House Wife, PJo H. No. 7-1-414139, East Srinivasa Nagar, Ameer Pel, Hyderabad-38.
...Petitioner/
Respondent No.3 in WP AND Sri D. Jagan, S/o Not Known, Deputy Commissioner, Circle No. 17, Khairalabad, G.H.M.C., Hyderabad.
...RespondenUContemnor Counsel for the Petitioner: Sri. K. Ramachandra Counsel for the Respondent: Sri. K. Siddharth Rao The Court made the following: ORDER
- THE HONOURABLE SRI WSTICE N,V.SHRAVAN KUMAR CONTEMPT CASE NO.2687 OF 2023 ORDER:
This Contempt case is filed by the petitioner seeking the following prayer:- "to summon the respondent/contemnor herein and punish him suitably under Sections 10 to 12 of Contempt of Courts Act, 1971 for delberate disobedience, with an anattentiveness and willful violation of official respondent for not implementing the Order of this Honourable Court vide W.P.No.23439 of 2023 dated 29.0A.2023".
2.
It is submitted by the learned counsel for the petitioners that though there is a specific direction to the writ petitioners in W.P.No.23439 of 2023 and also to the official respondents to submit explanation and to consider the same, respectively, both, writ petitioners and the respondent authorities, have ignored to comply with the order dated 29.O8.2O23 passed in W.P.No.23439 of 2023 by this Court. Hence, the present contempt case 3.
On the other hand, on behalf of the respondent, counter affidavit has been filed, inter alia, stating that the respondent authorities are only concerned with the illegal and unauthorized construction being constructed by the petitioner herein in the subject property without any permission from GHMC.
., Since, the petitioners filed in O.S.No.36B2 of 2O23 on the file of the learned IV Junior Civil Judge, City Civil Court, Hyddrabad and obtained interim status-quo order dated 21.08.2023 passed in I.A.No.1515 of 2O23, the respondent authority will take necessary action on the illegal construction of shutters in front of H.No.7-1619/Al6, Gayatri Nagar, East Srinivas Nagar, Ameerpet, Hyderabad, after vacating of the interim status-quo passed in the said civil case, and as such explanation submitted by the p€titioner dated 29.12.2023 was disposed of, the respondent Corporation has complied with the order dated 29.O8.2023 passed in W.P.No.23439 of 2O23 by this Court by considering the explanations submitted by the petitioners in W.P.No.23439 ot 2O23 by conducting hearing and by passing hearing order dated t8.ot.2024.
4.
Heard the learned counsel on either side and perused the material made available on record.
5.
On perusal of the record, it is noticed that subsequent to the order passed by this Court on 29.08.2023 in W.P.No.23439 of 2023, wherein while granting stay of operation of speaking order dated O4.Oa.2O23 for a period of four weeks, petitioners were directed to submit their explanation to the show cause notice dated 11.07.2023 within a period of one (1) week from the date of -,./ I
J receipt of a copy of the order and upon any such explanation, the respondent authorities were directed to consider the same and pass orders within a period of two (2) weeks from the date of explanation and communicate the same to the petitioners. 6.
In view of the same, since the respondent authority have already initiated the action by passing the hearing order dated 18.01.2O24, in compliance with the order dated 29.O4.2023 passed in W.P.No.23439 of 2023, this Court do not find any willful or deliberate violation.
7.
Accordingly, this Contempt Case is closed. However, this order does not preclude the parties to pursue their remedies before the appropriate forum if any litigation is pending. Miscellaneous applications, if any, pending in this contempt case, shall stand closed.
Sd/- CH. VENKATESWARLU OEPUTY REGISTRAR ,,,.
\,.- v //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri. K Ramachandra, Advocate [OPUC]
2. One CC to Sri. K. Siddharth Rao, Advocate [OPUC]
3. Two CD CoPies PSR&am Y{
HIGH GOURT DATED:0510212024
ORDER
CC.No.2687 of 2023 'tH€ S14 t 0 6 lpn Zpr o t (i i:
ii )(.'
,t FATCBr-.J) CLOSING THE CONTEMPT CASE 5 c.6ler.
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