Seepathi Mahender v. Sri. Ch. Srikanth

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY Contempt Case No.2303 of 2018 ORDER:

This Contempt Case is filed by the petitioners against the respondent alleging wilful and deliberate violation of the order passed by a learned Single Judge of this Court in Writ Petition No.34971 of 2017, dated 16.04.2018. 2.

Vide above order, the learned Single Judge disposed of the writ petition by directing the 2nd respondent therein to consider the representation submitted by the petitioner dated 09.02.2017 for building permission in respect of plots situated in Survey No.474/1 and Survey Nos.474/A and 476/B of Garmilla Village, Mancherial Municipality, within a period of three (03) months from the date of receipt of a copy of the order.

3.

Alleging wilful and deliberate disobedience of the above order, the present Contempt Case came to be filed by the petitioners against the respondent.

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4.

On 05.10.2018, notice was ordered to the respondent.

5.

Counter-affidavit has been filed by the respondent stating that petitioner's plot is not earmarked as per the layout plan and documents submitted by the petitioner; unless the concerned Municipality identifies the plot of the petitioner as per the documents submitted by it, the Municipality cannot grant permission; and therefore, contended that there is no wilful or deliberate disobedience of the order passed by the learned Single Judge of this Court in Writ Petition No.34971 of 2017, dated 16.04.2018. 6.

On the other hand, learned counsel for the petitioners submitted that the entire layout of the subject property is subject matter of a batch of writ petitions, pending before this Court; and after disposal of the said batch of writ petitions, the petitioner may be permitted to make suitable application to the concerned authorities for obtaining building permission.

7.

In view of above submissions, this Court is of the considered view that the present Contempt Case can be closed by giving a direction to the petitioners to make

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suitable application to the concerned authorities after the said batch of writ petitions arising out of subject land are disposed of by this Court.

8.

With these observations, the Contempt Case is closed. No costs.

9.

As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed. __________________________________ C.V. BHASKAR REDDY, J Date : 17.02.2023 Ndr