HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.216 OF 2014 Date:09.12.2014 Between:
Naveed Hussain .. Petitioner And K. Venkateshwar Rao and another .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.216 OF 2014 ORDER:
The Contempt Case is filed alleging that the directions issued by this Court in W.P.No.20557 of 2012, dated 12.10.2012, are not complied with by the respondents herein. The operative of the said Writ Petition is as under:
“Therefore, the 4th respondent shall take further action in accordance with law expeditiously in respect of the deviations and violations noted in Para-5 of the counter affidavit of the 4th respondent. The writ petition is disposed of accordingly with the above direction. No costs.”
The Contempt Case is, therefore, filed impleading the Assistant City Planner as well as respondent Nos.8 and 9 in the Writ Petition as respondent Nos.2 and 3 in this Contempt Case.
In response to the notice issued, the 1st respondent has filed counter affidavit inter alia stating that they have issued notices, dated 04.04.2012 and 05.02.2013 respectively, under Sections 452 and 636 of the Greater Hyderabad Municipal Corporation Act. However, the 3rd respondent herein approached this Court in W.P.No.3971 of 2013 and on 27.02.2013 obtained interim direction not to demolish the structures as per the notices, referred to above. The counter affidavit states that the 1st respondent is unable to take further action.
Learned counsel for the petitioner has placed before this Court the final order passed by this Court in W.P.No.3971 of 2013, dated 03.09.2014. Obviously, the said Writ Petition was disposed of after the 1st respondent filed counter affidavit. The petitioner herein also got impleaded himself as respondent No.3 in the said Writ Petition. After considering the case of the petitioner and the respondents therein, this Court dismissed the aforesaid Writ Petition. In view of that, the ground raised by the 1st respondent in the counter affidavit expressing inability to implement the orders of this Court, by virtue of the interim direction granted in W.P.No.3971 of 2013, does not exist any more. Hence, as on today, there is no impediment to implement the orders of this Court.
The Contempt Case is, accordingly, disposed of directing the 1st respondent to take appropriate action in terms of the order passed by this Court in W.P.No.20557 of 2012, dated 12.10.2012, expeditiously.
Miscellaneous petitions, if any, pending in this Contempt Case shall stand closed.
VILAS V. AFZULPURKAR, J
09.12.2014
KH