Shaik Shafiullah, v. Sri G.Chinnaiah

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.1207 of 2013 ORDER:

The order, violation of which is alleged in this contempt case, is the order dated 19.03.2013 passed in W.P.No.7282 of 2013.

The said order merely required the respondent-Tahsildar to consider the representation submitted by the petitioner; and to pass orders thereon within two (2) months thereafter.

The fact that an order was passed is not in dispute. The submission of Sri L.J.Veera Reddy, learned counsel for th e petitioner, is that, though such an order was, in fact, passed, the revenue records still classify the subject lands as private patta lands, assigned lands and Government lands. The only obligation cast on the respondent, in terms of the aforesaid order passed by this Court, is to consider the representation, and pass orders. That has been complied with. If the petitioner has any grievance regarding the subsequent action of the respondents, his remedy is only to institute independent proceedings, and not by way of a petition under the Contempt of Courts Act. The jurisdiction exercised by this Court, under the Contempt of Courts Act, is extremely limited.

It is only if the order has been violated, and such violation is willful and deliberate, would action be required to be taken against the contemnor. It is not even the case of the petitioner that the order has been violated much less wilfully and deliberately. I see no reason to proceed against the respondent under the Contempt of Courts Act. The Contempt Case is, accordingly, closed. The Contempt Applications, pending, if any, shall also stand closed. There shall be no order as to costs. ______________________________ RAMESH RANGANATHAN, J 04th September 2015.

JSU THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

Contempt Case No.1207 of 2013 Date: 04.09.2015 JSU