HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.1798 of 2013 Date:20.01.2014 Between:
V.Ravi Shanker, S/o Late Chandrashekar Rao . Petitioner And:
Sri Ramana, Panchayat Secretary, Gudlavalleru Gram Panchayat . Respondent Counsel for the Petitioner: Sri P.Shashi KIran Counsel for the Respondents: Sri G.Elisha Standing Counsel for Gram Panchayat The Court made the following:
ORDER:
This Contempt Case is filed alleging willful disobedience of order, dated 06.06.2013, in Writ Petition No.854 of 2013.
Pursuant to the order passed by this Court on 10.12.2013, the District Panchayat Officer, Krishna and the Panchayat Secretary of Gundlavalleru Gram Panchayat are personally present in the Court today.
The learned Assistant Government Pleader for Revenue (Andhra area) appearing for the District Panchayat Officer and Sri G.Elisha, learned Standing Counsel representing the Gram Panchayat, submitted that the District Panchayat Officer has passed a final order on 10.01.2014 for removal of the unauthorised structure and that the said order was questioned by the aggrieved party in Writ Petition No.825 of 2014, wherein he has secured an interim order on 17.01.2014 from this Court. This submission is not disputed by Sri P.Shashi Kiran, the learned counsel for the petitioner.
In the light of the steps taken by the respondent as well as the District Panchayat Officer, it cannot be said that they have violated the order of this Court. As the removal of the structure was constrained by an order passed by this Court, neither the respondent nor the District Panchayat Officer can be blamed for the same. Having regard to these facts, the Contempt Case is closed, however, with liberty to the petitioner to file a fresh Contempt Case, in the event, the respondent does not take effective steps for implementation of the order of this Court in Writ Petition No.854 of 2013 subject to the outcome of Writ Petition No.825 of 2014.
20th January 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY