Jyothula Ratnajirao, v. Chinnamsetti Sitha Ramayya,

THE HON'BLE SRI JUSTICE SANJAY KUMAR Contempt Case No.1631 of 2015 ORDER:

This contempt case was filed alleging wilful disobedience to the order dated 17.08.2012 passed by this Court in W.P.M.P.No.32662 of 2012 in W.P.No.25642 of 2012. By the said order, taking note of the claim of the petitioner that he was a tenant of the subject property, this Court directed status quo obtaining as on that day to be maintained in respect of the subject property till the next date of hearing. Alleged disobedience to this order was said to have been committed by one Chinnamsetti Sitha Ramayya, Town Planning Supervisor, Kakinada Municipal Corporation, Kakinada, East Godavari District, the 3rd respondent in the writ petition.

Notice having been ordered, the respondent filed a counteraffidavit denying the petitioner's allegations. He admitted that the petitioner was in possession and enjoyment of the subject property. He further stated that W.P.No.25642 of 2012 was disposed of on 20.07.2015 by this Court as the petitioner expressed no objection to the demolition of the structures as consented to by respondent Nos.4 to 7 in the writ petition to the extent indicated in the master plan for widening of the road. He denied that he had ever violated the order of status quo passed by this Court.

In the light of the aforestated averments in the counter-affidavit, Ms.V.Sesha Kumari, learned counsel representing Mr.K.V.Seshagiri Rao, learned counsel for the petitioner, states that this contempt case would not survive for consideration on merits to the extent of the petitioner's concession in the writ petition which was recorded in the final order.

The contempt case is accordingly dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date:04.09.2015

GJ