THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Contempt Case No.1382 of 2014
DATED:21.10.2014 Between:
Social Justice Welfare Committee, Hyderabad.
… Petitioner And Mr. Sanjeevaiah, District Collector, Hyderabad District.
….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Contempt Case No.1382 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This contempt case has been filed alleging willful disobedience to and deliberate violation of our order dated 2.12.2013 passed in Public Interest Litigation No. 490 of 2013.
Counter affidavit is filed by the respondent and in the counter it has been stated that the order has been carried out, but not within the time stipulated by this Court.
It is argued by the learned counsel appearing for the petitioner that after the contempt application was filed, the order of this Court was carried out.
In the counter, it is stated that the enquiry was first held on 28.12.2013 and it was started within the time. But, the same could not be completed within the time stipulated by this Court admittedly. No reason much less legally acceptable reason has been given as to why there was delay, or for that matter, no step was taken to have an extension of time from this Court for compliance of the aforesaid order. Having found non-compliance of the order, contempt application has been filed and after contempt application was filed, the order was carried out only thereafter. With this process, the petitioner had incurred further cost. Had it been completed within the time, the petitioner would not have approached this Court or for that matter, had the authorities applied for extension of the time, petitioner need not have incurred expenditure unnecessarily.
Under these circumstances, we are of the view that though contempt proceedings cannot end up with any punitive measure some measure has to be taken by addressing loss of the petitioner. Accordingly, we award costs of this application in favour of the petitioner. Such costs is assessed at Rs.500/- (Rupees Five Hundred Only) and it shall be paid by the Department at the first instance to the petitioner within fortnight from the date of communication of this order and thereafter it would be open for the authorities to recover the same from the person or persons, who are responsible for the alleged non- compliance of the order of this Court following the concept wrong doer must pay for the wrong done. The contempt case is accordingly closed with costs as aforestated.
Consequently, the miscellaneous applications, if any pending, shall also stand closed.
K.J. SENGUPTA, CJ 21st October, 2014 Pnb SANJAY KUMAR, J