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High Court for State of TelanganaCC/448/2014closed no costs

Mohd Abdul Samad, v. Greater Hyderabad Municipal Corporation,

2023-01-25C.V. Bhaskar Reddy4 pages

HON'BLE SRI JUSTICE C. V. BHASKAR REDDY CONTEMPT CASE No.448 of 2014 ORDER:

The Contempt Case has been filed for violation of the order passed by this Court in W.P.M.P. No.37981 of 2013 in W.P. No.30588 of 2013 dated 19.12.2013. 2.

By the aforesaid order dated 19.12.2013, this Court directed respondent No.1 to take appropriate action in pursuance of the notice issued under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955. A report was also placed on the file of this Court stating that unofficial respondents in the writ petition are proceeding with the constructions in contravention of the requirements and therefore, the Greater Hyderabad Municipal Corporation was given liberty to deal with the same in accordance with law.

3.

For non implementation of the said orders, this Contempt Case has been filed in the year 2014 and the

same is pending for issuance of notices to the respondents in Contempt Case and the same was not taken cognizance under section 17 of the Contempt of Courts Act, 1971.

4.

When the matter was listed on 17.11.2022, there was no representation on behalf of the petitioner and therefore, the matter was directed to be listed on 22.11.2022 under the caption 'for dismissal'. Today when the case is taken up, learned counsel for the petitioner submitted that he has to receive instructions on the Contempt Case. However, there was no action being initiated by this Court for taking cognizance of the case under Section 17 of the Act. At this length of time, the Contempt Case is not maintainable against the respondents.

5.

The Contempt Case is, accordingly, closed.

However, petitioner is at liberty to take appropriate action in accordance with law. No order as to costs.

As a sequel, the miscellaneous petitions, if any pending in the contempt case, shall also stand closed. __________________________ C.V. BHASKAR REDDY, J January 25, 2023 LPD

THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY CONTEMPT CASE No.448 of 2014 Dt.25.01.2023 LPD