Konatham Venkateswara Rao v. K. M. Suresh
THE HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.276 of 2015 DATED : 06.11.2015 Between :
Konatham Venkateswara Rao S/o.Chittabbai, Rep., by his General Power of Attorney, Konatham Venu S/o.Konatham Venkateswara Rao, Aged about 36 yrs Occu : Private Servant, R/o.Balaji Apartment, Flat No.S-6, Bapuji Nagar, Kovvur, West Godavari District & another. .. Petitioners and K.M.Suresh S/o.K.N.Marga Bandhu, Aged about 54 yrs, Territory Manager (Sales), Bharat Petroleum Corporation Limited, P.O.Box No.213, Visakhapatnam.
.. Respondent
This court made the following :
THE HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.276 of 2015
ORDER :
The subject matter of the writ petition is re-constitution of the partnership firm of Petroleum Retail outlet as a consequence to death of the dealer Smt P.Satyavathi. Petitioners filed the writ petition claiming that the partnership firm is not reconstituted and there is inaction on the part of the respondent-authorities and it was contended that a representation was made on 23.01.2014 to convene meeting of the family members of the deceased dealer. This Court by order dated 05.09.2014 in W.P.M.P.9261 of 2014 in W.P.No.7461 of 2014 directed the 1st respondent to consider and pass appropriate orders on the representation of the petitioners dated 23.01.2014 and communicate the decision to the petitioners.
2. The request of the petitioners in the representation is to convey a joint meeting of the family members on the issue of reconstitution of partnership firm.
3. In the counter affidavit, in Para No.3, it is stated that having given notice for holding a joint meeting, nobody has responded and therefore, a final notice is also issued for termination of the dealership and learned Standing counsel states that there is no contempt committed by the respondent and the proceedings were appropriately taken in pursuant to the directions of this Court.
4. As seen from the letter dated 21.11.2014 a copy of which is now produced by the learned Standing Counsel, in pursuant to the orders of this Court, notice was issued to all the family members directing them to assemble on 27.11.2014 between 4.00 p.m., to 6.00 p.m., in the Bharat Petroleum office, Dawaleswaram road, Rajahmundry. It appears that they were also informed through telephone and SMS was also sent. Learned standing counsel therefore, contends that there is no disobedience of the orders of this Court by the respondent.
5. As seen from the orders of this Court the direction was only to consider the representation and pass appropriate orders and the request in the representation is for convening of joint meeting. The letter dated 21.11.2014 clearly discloses that joint meeting was convened. The result of joint meeting or subsequent steps taken in this regard by the respondent-Corporation is not the subject matter of the contempt. Therefore, having regard to the letter dated 21.11.2014, I am satisfied that the respondent did not commit any contempt of the orders of this Court.
6. Having regard to the above, the Contempt Case is closed. The appearance
of the Officer is dispensed with. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ P.NAVEEN RAO,J 06th November, 2015 Rds