Podem Ratnam, v. Someshkumar, I.A.S., Hyd And 4 Others

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE M. GANGA RAO Contempt Case No.2382 of 2017 JUDGMENT: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) The order, violation of which is alleged in the Contempt Case, is the order of this Court in Writ Appeal No.1506 of 2017 dated 12.10.2017. We had, by the aforesaid order, modified the order of the Learned Single Judge, and had directed the authorities concerned, pending further orders in the Writ Petition, not to grant a licence to open a bar or a liquor shop in the scheduled areas without a specific resolution being passed by the concerned Gram Sabha according its written consent for the grant of such a licence. Alleging that, despite the order of this Court, A-4 shop licences were granted by the authorities, the present Contempt Case is filed.

In view of the order of this Court, the authorities were prohibited from granting licences to open a bar or a liquor shop in scheduled areas, in the absence of a specific resolution being passed by the Gram Sabha according its written consent for grant of such licences. Learned Government Pleader for Prohibition and Excise (Telangana) would draw our attention to the letter addressed by the MPDO, Eturnagaram to the Project Officer, ITDA, Eturnagaram informing him that, while the total voters in Kannaigudem, PESA village were 584, the total number of S.T. voters in the village were 492, out of which a total 244 S.T. voters had attended the meeting, and had unanimously passed the resolution for establishment of an A-4 shop in the village. It is

evident, therefore, that establishment of an A-4 shop in the subject Gram Panchayart was only on a resolution being passed by the Gram Sabha according its written consent to the establishment of an A-4 shop. The order of this Court has not been violated, much less willfully or deliberately.

The Contempt Case is, accordingly, closed.

The miscellaneous petitions, if any pending, shall also stand closed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) ____________________ (M. GANGA RAO, J) Date:08th June, 2018.

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