Siva Pavani Filling Station, Chittoor Dist v. Sri. Girisha, Chittoor And Another

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO CONTEMPT CASE NO. 2161 OF 2017 ORDER:

This Contempt Case is filed alleging non implementation of the order in Writ Petition No.31021 of 2017. This Court disposed of the said Writ Petition with a direction to the 2nd respondent therein not to interfere with the business of the petitioner till a final order was passed by him in the pending proceedings before him. The pending proceedings relate to suspension of the license to run petroleum outlet by the order of the 1st respondent herein dated 22.6.2017, pending further enquiry relating to the cancellation of license. 2.

Initially, when the order of suspension was challenged in W.P.No.20961 of 2017, the said Writ Petition was allowed on 12.7.2017 by a learned Single Judge, but when the matter was taken up to a Division Bench of this Court in W.A.No.1036 of 2017, the order of the learned Single Judge was set aside and the 2nd respondent therein was given liberty to pass final orders.

3.

It appears that before passing final orders, the 2nd respondent therein displayed a Board stating that the petrol bunk is under seizure and no transactions can take place. Under such circumstances, the above order was passed.

4.

Now it is submitted that a final order was passed on 18.11.2017 and it is alleged that in spite of the order of this Court dated 9.10.2017, the business of the petitioner was interfered with.

5.

It is stated by the learned Government Pleader that the order passed by this Court was not brought to the notice of the 1st respondent Joint Collector, on time and the representation of the petitioner was submitted in the Tappal section of the Collectorate and it was not promptly brought to the notice of the 1st respondent.

6.

Learned Government Pleader also submits that a show cause notice was issued to the concerned Assistant and there is no wilful negligence or disobedience on the part of the 1st respondent herein in implementing the order.

7.

Learned Government Pleader, lastly submits that in view of the final order passed on 18.11.2017, further proceedings in the present Contempt Case may be dropped.

8.

In view of the above facts, this Contempt Case is closed with an observation that the 1st respondent shall take care with regard to the orders passed by this Court and ascertain from the learned Government Pleader appearing in the High court if he has got any doubt with regard to the submissions made by the parties before him.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 23.3.2018 KPM