Smt M. Andalu v. Gautam Kumar

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No. 2423 of 2016 ORDER:

This Contempt Case is filed alleging violation of the order dated 16.09.2016, passed by this Court in WP.MP.No.38192 of 2016 in WP.No.30849 of 2016, wherein and whereby this Court granted interim direction which reads as follows;

"There shall be interim direction as prayed for. However, this will not preclude the competent authority from taking action after following due procedure." The respondent filed counter affidavit stating that the allegation of the petitioner that on 14.11.2016, this respondent sent his staff and damaged the structure of the petitioner is not correct, and in fact, the petitioner after obtaining the interim order encroached the subject land, illegally, and constructing a house; that the petitioner filed the present Contempt Case with all fake allegations; and that further action will be taken against the petitioner regarding her encroachment over the subject land, by following the due process of law. No reply affidavit is filed by the petitioner contravening the allegations made in the counter affidavit and no material is placed by the petitioner to show that the subject house was demolished by the respondent after passing of the interim order by this Court. In view of the aforesaid facts and circumstances, I do not see any violation of the orders passed by this Court.

Accordingly, the Contempt Case is dismissed. However, it is open for the petitioner to agitate her rights in accordance with law, still she is aggrieved. No order as to costs. As a sequel to the disposal of this application, miscellaneous applications, if any, pending shall stand closed. __________________________ A.RAJASHEKER REDDY, J 03.04.2019 tk