HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT CASE No.1509 OF 2014
DATED: 24.09.2014 Between:
Safdaria Girls High School … Petitioner And Mr. Someswar Kumar, IAS … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No.1509 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
Today, an order dated 22/23.09.2014 passed by the respondent has been produced before this Court.
This contempt application has been filed alleging wilful and deliberate violation of our order, dated 20.02.2014, by which, we have directed the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, to dispose of the application for regularization in terms of the order of the learned trial Judge within a period of three weeks from the date of communication of the order, after giving notice to the unofficial respondent therein and also the appellant. It is alleged that in spite of communication of the aforesaid order, the Commissioner did not take any action. Thus, this contempt application has been filed.
It appears that our order was communicated by the learned lawyer appearing for the petitioner and again, by the petitioner by letter, dated 09.05.2014, followed by another letter, dated 11.06.2014, and lastly by the learned lawyer’s notice, dated 23.06.2014. Learned lawyer appearing for the petitioner says that there is wilful and deliberate violation on the part of the respondent, after the order is passed by this Court, in not deciding the matter. We wanted to give a chance to the respondent to file a counter-affidavit. Learned lawyer for the petitioner says that such affidavit is not required. Matter can be disposed of with suitable order of this Court. The order has been passed by the respondent not during the time as mentioned in our order. The Commissioner should have first tried to implement the order and if he had any difficulty, he would have approached this Court with a prayer for extension of time, but he did not do so. We think that such lapse on his part is unacceptable by this Court. We fail to understand why because of the lapses and negligence of the respondent, the petitioner has been forced to come to this Court with this application. Under the circumstances, we accept the order passed by the respondent, though passed even after the stipulated time. The Commissioner had no business or authority to have extension of time of his own. He ought not to have waited till the contempt application is filed. The copy of the order will hopefully be handed over to the learned lawyer for the petitioner. On receipt of the same, it is open for the petitioner to take steps in accordance with law as may be advised.
As we have already recorded that because of the lapses and negligence of the Commissioner, the petitioner has moved this contempt application for compliance. Therefore, we close this application directing the Corporation authority to pay costs of this application fixed at Rs.1,000/- to the petitioner - school within a period of fortnight from the date of communication of this order. After making payment of the costs as above, the Corporation authorities shall recover the costs from the person or persons concerned responsible for delayed compliance of the order of this Court.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
24th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni