K.Sitarami Reddy v. Sri T.Krishna Babu

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI CONTEMPT CASE NO: 1641 OF 20't1 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. 03/09/2010 in Writ Petition No.2141712010. Between:

K.Sitarami Reddy, S/o K.Subba Reddy R/o Flat No.502, Aditya Homes, Aditya Nagar, Kukatpally, Hyderabad.

...PETITIONER AND

1. Sri T.Krishna Babu, The Commissioner, Greater Hyderabad Municipal Corporation,Tank Bund, Hyderabad.

2. V.Eshwaramma, Wo V.Ramachandra Reddy, Rl/o 22-31112O Plot No.94A, Main Road, Addagutta Cooperative Housing Society Western Hills, Opp:JNTU, Kukatpally, Hyd-72 ...RESPONDENTS Counsel for the Petitioner : SRI AVINASH DESAI Counsel forthe Respondent No.1 : SRI M.DHANANJAY REDDY, STANDING COUNCIL FOR GHMC Counsel for the Respondent No.2 : None Appeared The Court made the following: ORDER

HON'BLE SMT. ,JUSTICE LALITHA KANNEGANTI Contempt Case No.1641 ot 2!11 ORDER:

This contempt case is filed to punish the respondents for contempt of the Court as they have willfully violated the orders of this Court dated 03-09-2010 in W.P,No.21417 of 2010, wherein this Court has directed respondent No.1-Corporation to consider the representation of the petitioner dated 30-07-2010 and pass appropriate orders in accordance with law after giving an opportunity of hearing to respondent No.2 as well as the petitioner and such exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of the said order. 2.

Learned counsel for the petitioner Mr. Avinash Desai submits that in spite of the orders passed by this Court and though a notice was issued to respondent No.2, the respondent Corporation has failed to take further action and hence, the petitioner has filed this contempt , \ case.

3.

Learned Standing Counsel for the respondent Corporation Mr. M. Dhananjay Reddy, while reiterating the counter averments, submits that the unofficial respondent No.2 has filed a suit in O.S.No.47 of 2011 on the file of the Additional Junior Civil Judge, Cyberabad, Kukatpally at Miyapur, for injunction and obtained an order of sfafus quo

LK, J C.C.No.1641 of 2011 on 09-06-2011 and the same was extended up lo 25-04-2012. He submits that the respondent Corporation has already filed a written statement and counter and they are effectively pursuing the matter and there is no willful violation of the orders passed by this Court. 4.

Even according to the petitioner, the said suit was disposed of in the year 2016 and as on the date when the contempt case is filed, there is no violation of the orders passed by this Court. Hence, this Court finds that there is no willful violation of the orders passed by this Court, after the suit is disposed of and the respondent Corporation has failed to take any action, it is open to the petitioner to avail the appropriate remedy available under law.

5.

Accordingly, the Contempt Case is closed. No order as to costs 6.

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

sDl-CH. VENKATES DEPUTY ARLU TRAR \ //TRUE COPY// SECTION OFFICER To,

1. Sri T.Krishna Babu, Commissioner, Greater Hyderabad Municipal Corporation,Tank Bund, Hyderabad.

2. Sri V. Eshwaramma, W/o. V.Ramachandra Reddy, No.22-311120, Plot No: 94A, Main Road, Addagutta, Cooperative Housing Society, Western Hills, Opp: JNTU, Kukatpally, Hyderabad-72.

3. One CC to Sri AVINASH DESAI, Advocate [OPUC]

4. One CC to Sri M. Dhananjay Reddy, SC for GHMC [OPUC]

5. Two CD Copies.

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HIGH COURT DATED:1611112022 ( yrE S i4 i.- /.

)o,j 31 JIll zffi

ORDER

* CC.No.1641 of 2011 CLOSING THE CONTEMPT CASE WITHOUT COSTS /1) \_-,'

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