THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT CASE No.2215 of 2013 DATE: 25.06.2014 Between:
Sri Surya Bhawan Hanuman Temple, Hyderabad.
… Petitioner And Mukteshwar Rao, The Commissioner, Endowments Department, Boggulkunta, Hyderabad and others … Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT CASE No.2215 of 2013
ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This contempt application arose for alleged non-compliance of the order of this Court dated 15.07.2013.
By filing counter the 1st respondent, alleged contemnor denied allegation of act of contempt. He has explained in paragraphs 13 and 14 of counter-affidavit how he has carried out the order, in the manner as follows:
“13. In reply to Paras 5 to 11, it is a fact that, the petitioner has filed PIL No.244 of 2013 in which, the respondent No.3 also filed counter submitting all the facts and circumstances to the Hon’ble Court and the Hon’ble High Court passed orders dt.15.7.2013 directing the 2nd respondent i.e., the Commissioner of Endowments to enquire into the matter as to whether any temple land is existing and the same has been converted for residential complex by any person or not. If it is found that, the temple land is illegally grabbed by any person and makes any attempt for making residential complex or for other purpose, the 2nd respondent shall take steps in accordance with law. It is submitted that, pursuant to the above directions, this respondent has appointed a Manager to act and function as Executive Officer u/s 29 of the Act to protect the temple properties and for its better administration.
14. It is submitted that, an enquiry was conducted as to whether any temple land is converted for residential complex. The Inspector, Endowments Department, visited the temple personally on 23.12.2013 and issued a report stating that no illegal constructions are going on in the land belonging to Sri Surya Bhagawan Hanuman Temple, Lingampally, Kachiguda, Hyderabad. It is submitted that, the respondent No.6 is found to be in an encroacher against whom earlier, O.A.No.16/2008 was filed by petitioner Temple.
I further submit that assailing the order of admission dt:31.03.2009 passed by the 2nd respondent, the 6th respondent and 4 others had filed C.R.P.No.4860/2010 before this Hon’ble Court and the Hon’ble High Court granted interim stay on 04.12.2010 staying all further proceedings in O.A.No.16/2008 and new number O.A.No.575/2010 on the file of Endowments Tribunal, Hyderabad. The Department has submitted detailed remarks in the CRP with a prayer to vacate the interim stay orders in CRPMP No.6459/2010 and the same is pending.”
In view of the said explanation, which is accepted by us, this Court cannot proceed with the matter.
We accordingly close this Contempt Case. However, we make it clear that our order closing the Contempt Case will not be influencing or a binding factor to decide the matter by the appropriate Court wherever the matter is pending involving the issue. No costs.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
Date: 25.06.2014
va/pnb