Thoutam Laxminarayana, v. Mr. Tejawath Venkanna

THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY Contempt Case No.1869 of 2016 ORDER:

This Contempt Case is filed alleging violation of orders dated 12.04.2016 passed by this Court in W.P.M.P.No.15059 of 2016 in W.P.No.11999 of 2016.

By the above said order, this Court has directed respondent authorities not to proceed with any drainage line work in the subject land, except in accordance with due procedure laid down by law. The respondent herein i.e., Commissioner Mancherial Municipality has filed counter affidavit stating that respondent Mancherial Municipality, to provide basic amenities to the locality people, has constructed drainage in road boundary abutting the compound wall of the petitioner without encroaching the land of the petitioner. But the allegation of encroachment of 80 Sq.Yards of the petitioner land is denied.

Since no material is placed on record to state that the respondent has encroached the land of the petitioner for laying of the drainage line, this Court finds that there is no willful intention on the part of the respondent to construct drainage abutting the compound wall of the petitioner, and as such, there is no violation of the order. Accordingly, this Contempt Case is closed. However, liberty is granted to the petitioner, if any cause survives, to file fresh application seeking revival of the contempt case in accordance with law.

Miscellaneous petitions, if any pending in this contempt case shall stand closed.

_________________________ C.V.BHASKAR REDDY, J 30.01.2023 ssm

THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION NO.11587 of 2008 Date: 14.12.2022 vns