HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CONTEMPT CASE No.1181 OF 2014 DATED 5th November, 2014.
BETWEEN Bismilla Fruit Merchant Association, Guntur, rep. by its Secretary Mr. Patan Jilani Khan ….Petitioner And Sri A.V. Rama Rao, the Regional Manager, APSRTC, Guntur and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CONTEMPT CASE No.1181 OF 2014.
ORDER:
This Contempt Case is filed alleging non implementation of the order of this Court dated 18.08.2009 passed in Writ Petition No. 27526 of 2008.
Learned Counsel for the petitioner was absent on 21.10.2014 as well as today also, There is also no representation on its behalf.
However, first respondents filed a counter affidavit stating that members of the petitioner-association are doing their petty business on the footpath outside the compound wall of APSRTC Bus Station at Guntur and it (first respondent) never interfered with their business nor they were evicted from their business place. It is also stated that the second respondent filed a counter affidavit before this Court in Writ Petition No. 27526 of 2008 justifying their action in evicting the members of the petitioner-association and as such, so far as the first respondent is concerned, it never violated the orders of this Court.
This Court passed an interim order on 18.12.2008 directing the first respondent, who was the sole respondent at that point of time, not to interfere with the business of the members of the petitioner-association, if they are carrying on such business outside the compound wall of the APSRTC Bus Station, Guntur. It appears that subsequently second respondent was impleaded in the Writ Petition on 13.08.2009. However, this Court disposed of the Writ Petition on 18.08.2009 recording the interim order as final order. In the circumstances, it cannot be said that the second respondent also violated the orders of this Court. If the petitioner is having any grievance with the respondents, it is left open for it to file a fresh Writ Petition.
Having regard to these facts and circumstances, the Contempt Case is liable to be dismissed and is accordingly dismissed.
Miscellaneous petitions pending consideration if any in the Contempt Case shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 5TH November, 2014. Msnrx