K.N.Sai Kumar, R.R.Dist. v. Naveen Mittal Garu, Hyd And 3 Others

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY Contempt Case No.1672 of 2017 ORDER:

This Contempt Case is filed by the petitioner alleging wilful disobedience of the order passed by a learned Single Judge of this Court in Writ Petition No.12424 of 2017, dated 05.06.2017.

2.

Vide above order, the learned Single Judge disposed of the Writ Petition by directing the official respondents to consider the complaints, dated 28.09.2016, 13.12.2016 and 24.03.2017, of the petitioner and take appropriate action in accordance with law against the persons who are carrying out constructions illegally without obtaining valid permission, as expeditiously as possible.

3.

Alleging wilful disobedience of the order passed by the learned Single Judge, the present Contempt Case has been filed by the petitioner against the respondents. 4.

On 19.01.2018, this Court issued notices to the respondents.

CVBR,J cc_1672_2017 ::2::

5.

Counter-affidavit has been filed by the 3rd respondent stating that in compliance of the order passed by the learned Single Judge, the respondent Nos.2 and 3 have taken action on the unauthorized constructions by issuing notices to the concerned parties under Section 228(I), (II), (III) of the Telangana Municipalities Act, 1965; future course of action would be taken by the respondents for removal of the constructions illegally carried out by the 4th respondent; therefore, the cause in the contempt case no longer survives for adjudication; and hence, the same may be closed.

6.

Learned counsel for the petitioner does not dispute the above factual position.

7.

In view of above, this Court is of the considered view that the present Contempt Case may be closed as no further orders are necessary to be passed in the Contempt Case. However, it is left open to the petitioner to seek revival of the Contempt Case under the provisions of the Contempt of Courts Act, 1971 in the event the cause in the contempt case survives for adjudication.

8.

Accordingly, the Contempt Case is closed. No costs.

CVBR,J cc_1672_2017 ::3::

9.

As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed. __________________________________ C.V. BHASKAR REDDY, J Date : 09.02.2023 Ndr