T.Pushpa v. L. Krishna

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE TWENTY NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA CONTEMPT CASE NO:2751 OF 2023 Petition under sections. 10 to 12 of contempt of courts Act 1971 praying that in the circumstances stated in the affidavit filed herein the High court'miy ue p]."9.9d to punish respondent for his willfull and deliberately/violiting orders oi the High Court dated. 15-1 1-2023 passed in W.p.No. 31618 oi 2023. Between:

T.Pushpa, D/o_ Siddhaiah, Aged about years, Occ. Govt. Teacher, R/o Ganapuram Village and Manda'i, Mulugu Diitrict. .,.PETITIONER/PETITIONER AND L. Krishna, Head Master, Froebel Model High School, Ghanpul Mulugu District.

...RESPONDENT/RESPONDENT Counsel for the Petitioner : SRl. SUJATHA KURAPATI Counset for the Respondents : SRl. VENU CHAGGAM The Court made the following : ORDER

HON'BLE MRS JUSTICE SUREPALLI NANDA CONTEMPT CASE No.2751 OF 2023

ORDER

Heard learned counsel for the petitioner and also heard learned counsel for the sole respondent.

2. The present Contempt Case is filed complaining violation of the orders passed by this Court dated 15.11.2023 passed in W.P.No.31618 of 2023 and the relevant potion of the said order reads as under: "In view of the above, respondent No.5 is directed to consider the representation of the petitioner dated 02.11.2023 in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a ,:opy of this order, and duly communicate the decision to the petitioner."

3. The respondent herein in the present case made appearance by filing counter affidavit in the matter and in particular paragraph No.6 of the said counter affidavit reads as under:

"In compliance to the orders of the Hon'ble Hir3h Court, I have informed the petitioner vide letter No.001/2023 dated 24.11.2023 to procure a Gazette Notification for change of name from the Competent Authority and the

\ stl,J petitioner has received the copy of the same on 0t.L2.2023."

4.

The learned Standing counsel appearing on behalf of respondent submits that, in compliance to the orders passed by this Court in W.P.No.31618 of 2023 dated 15.11.2023 the respondent school had issued proceedings vide Lr.No.001/2023, dated 24.LL.2023.

5.

On the other hand the learned counsel appearing on behalf of petitioner contends that, the respondent herein issued proceedings dated 24.11.2023, in pursuance to the orders passed by this Court in W.P.No.31618 of 2023 dated 15.11.2023 and the said proceedings are not in true compliance to the orders passed by this Court and in fact the same is issued contrary to the view of the Apex Court in the judgment passed in Satyasiva Sundar Nayak Vs. Secretary, Board of Secondary Education, Orissa and others case.

6.

This Court opines that the legality of the proceedings dated 24.1L2023, cannot be gone into under contempt Jurisdiction and the petitioner is at liberty to pursue the remedies as are available to the petitioner under law.

7. Taking into consideration the above referred facts and circumstances of the case and the submissions of leaned counsel appearing on behalf of respondent and duly considering the proceedings dated 24.11.2023 issued by the respondent herein, the contempt case filed by the petitioner herein stands closed. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD'- M. RAMANA KRISH DEPUW REGI R //TRUE COPYII SECTION OFFICER To,

1. 9nu 99 t" -S! Sujatha Kurapati, Advocate tOpUCl

2. One CC to Sri. Venu Chaggam, Advocate IO'pUCl3. Two CD Copies SR/JAK $

!

HIGH COURT DATED:29102t2024 YtF- s th 14:

( (j ( .N nt 3 [2 APB 2024

ORDER

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-:-- ,( D6'.! FAi6rrE!- GC.No.2751 of 2O2g CLOSING THE CONTEMPT GASE W