Mohd. Javeed Alam v. Sri.Pradeep Kumar

[ 3230 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CONTEMPT CASE NO: 2021 OF 2022 (Contempt Case under Section 10 to 12 of Contempt of Courts Act to punish the Respondent herein for willfully violating the order of the High Court dated 1310912022 passed in WP No.35409 of 2022) Between:

Mohd. Javeed Alam, S/o. Shamsuddin, ...PETITIONER AND Sri.Pradeep Kumar, Commissioner Mahaboobnag€r Municipality, Mahaboobnagar ...RESPONDENT For the Petitioner : SRI MOHD ZIA UL HAQUE, Advocate For the Respondent : SRI M.RAM MOHAN REDDY, Standing Counsel The Court made the following: ORDER

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Contempt Case No.2021 of 2O22

ORDER

This contempt case is filed seeking to punish the respondent under Sections 10 and 12 of the Contempt of Courts Act for willful disobedience and deliberate violation of the order dated 1 3-09-2022 in W.P.No.35409 of 2022.

2.

This Court, by order dated 13-09-2022 has disposed of the writ petition directing the respondents to consider the representation of the petitioner dated 24-08-2022 within a period of four weeks from the date of receipt of a copy of the order. The representation of the petitioner is that in the process of laying of the road by the National Highways, the water and sewerage connection of the petitioner is affected. 3.

Learned counsel for the petitioner Mr- Mohd. Zia Ul Haque submits that the water connection of petitioner is restored, but the sewerage connection is not restored and that amounts to violation of the orders passed by this Court.

4.

Learned Standing Counsel for the respondent Corporation Mr. M. Ram Mohan Reddy submits that immediately after the orders passed by this Court, the respondents have restored the water connection, but as far as the sewerage connection is concerned, they have provided temporary connection leaving it to the main highway. n II

LK, J C.C.No.2021 ol 2022 Z He submits that unless and until the work is completed, they are not in a position to give a permanent sewerage connection. 5.

ln response to that, learned counsel for the petitioner submits that except the petitioner, all other persons were provided with a permanent sewerage connection and to complete the road works, it takes lot of time as several writ petitions are pending before this Court. 6.

The order that is passed by this Court is to consider the representation of the petitioner. By considering the representation of the petitioner, the respondents have done something i.e., by providing him water connection, however, provided the temporary sewerage connection. lf the petitioner is aggrieved by such action of the respondents, which is the'subsequent cause of action, he can question the same by way of another petition and by any stretch of imagination, it cannot be said that there is violation of the orders passed by this Court.

7.

Accordingly, the Contempt Case is closed giving liberty to the ,'petitioner to question if he is aggrieved by any action on the part of the respondents. No order as to costs.

8.

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

Sd/-T.KRTSHNA KUMAR //TRUE COPYII DEPUTY REGISTRAR SECTION OFFICER To 1 Sri Pradeep Kumar, Commissioner, Mahaboobnagar Municipality, lMahaboobnagar.

2. One CC to Sri Mohd, Zia-.Ut- Haque, Advocate [OpUC] 3, One CC to Sri lvl.Ram Mohan Reddy, Advocateiopuq

4. Two CD Copies Kj i\--

HIGH COURT DATED:0910212023 rrE slAr \ { ()^ t (.

Joo tv 1 7 liAR 2023 i i) ;.: y'

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ORDER

CC.No.2021 of2O22 CLOSING THE CC.

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