The Hon’ble Sri Justice C.V.Nagarjuna Reddy Contempt Case No.690 of 2014
Dated 24.04.2014
Between:
Jampana Pavan Kumar Raju and 2 others …Petitioners And N.Ananda Kumar …Respondent Counsel for the Petitioners: Mr.V.V.Satish Counsel for the respondent: ---
The Court made the following:
Order:
This Contempt Case is filed alleging willful disobedience of Order, dated 23-01-2013, in WP.No.1543 of 2013, by the respondent.
While following Judgment, dated 12-12-2012, in WP.No.23217 of 2012, this Court has allowed WP.No.1543 of 2013 filed by the petitioners herein. In this Contempt Case, the petitioners have alleged that the respondent has not received the document sought to be presented by them for registration. The petitioners have not pleaded that before filing this Contempt Case, they have issued any notice to the respondent. Except raising a plea that the respondent has not received the document sought to be presented by them for registration, the petitioners have not produced any evidence in support thereof. The petitioners have also not issued any notice to the respondent calling upon him to comply with the order passed by this Court. The Contempt Case being quasi-criminal in nature, the burden lies on the petitioners to prima facie show that despite their approaching the respondent for receiving the document for registration, the latter has refused to receive the same and violated the order of this Court. The least that is expected of the petitioners before filing a Contempt Case is to issue notice to the respondent calling upon him to implement the order of this Court. In view of the failure of the petitioners to follow this procedure, I am not inclined to entertain this Contempt Case.
The Contempt Case is, accordingly, dismissed, however, with liberty to the petitioners to first approach the respondent for receiving the document for registration and in the event, he refuses to receive the same, they are permitted to issue a legal notice to the respondent. Despite such legal notice, if the respondent has not implemented the order of this Court, they shall be free to file a fresh Contempt Case.
(C.V. Nagarjuna Reddy, J) 24th April, 2014
LUR