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High Court for State of TelanganaCC/2117/2015closed no costs

B.Ashok Kumar v. Sri Somesh Kumar I.A.S

2016-06-24P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.2117 OF 2015 Between:

B.Ashok Kumar S/o late B.Jayram, Aged about 60 years, Occu: Retd. Govt.Servant, R/o H.No.21-2-761/2, Charkaman, Rikab Gunj, Hyderabad.

.. Petitioner AND Sri Somesh Kumar, I.A.S., Commissioner & Special Officer, the Greater Hyderabad Municipal Corporation, Near Tank Bund, Hyderabad and another.

.. Respondents This Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO

CONTEMPT CASE No.2117 OF 2015 ORDER:

This Court disposed of W.P.No.27561 of 2015 dated 31.08.2015 based on the submissions made on behalf of the respondent - Municipal Corporation that Corporation has already issued notice under Sections 452(1) and 461(1) of the Greater Hyderabad Municipal Corporation Act, against illegal constructions made and directed the respondents to take further course of action as warranted by law by duly observing the procedural formalities and take appropriate action within the fixed time frame.

2. Alleging that orders of this Court were not complied with and illegal constructions continued unabated, this contempt case is filed.

3. In the counter affidavit filed on behalf of the respondents, it is averred that notice under Section 636 was issued on 14.09.2015 and Corporation thereafter fixed the demolition programme, but demolition programme was postponed in view of 'Ganesh Nimajjanam' as suggested by police and the same was intimated to the petitioner and his counsel. However, by the time further action could be taken by the Corporation, M/s. Leela Bai Motilal Tondawale Girls High School claiming to be the tenants of the subject property, instituted O.S.No.2588 of 2015 on the file of VI Junior Civil Judge, City Civil Courts, Hyderabad and obtained order of status quo in I.A.No.835 of 2015 in the said O.S. In view of the operation of status quo order, no further action could be taken.

4. Having regard to the same, it cannot be said that respondents have deliberately violated the orders of this Court. Contempt Case is closed accordingly. However, it is open to the petitioner to implead in the pending suit. Miscellaneous petitions if any pending in this contempt case shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO kkm

Oval: ​ ​ HON'BLE SRI JUSTICE P.NAVEEN RAO

Contempt Case No.2117 of 2015 kkm