Telangana High Court
T.Pushpa vs L. Krishna on 29 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
CONTEMPT CASE No.2751 OF 2023
ORDER:
Heard learned counsel for the petitioner and also heard learned counsel for the sole respondent.
2. The present Contempt Case is filed complaining violation of the orders passed by this Court dated 15.11.2023 passed in W.P.No.31618 of 2023 and the relevant potion of the said order reads as under:
"In view of the above, respondent No.5 is directed to consider the representation of the petitioner dated 02.11.2023 in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, and duly communicate the decision to the petitioner."
3. The respondent herein in the present case made appearance by filing counter affidavit in the matter and in particular paragraph No.6 of the said counter affidavit reads as under:
"In compliance to the orders of the Hon'ble High Court, I have informed the petitioner vide letter No.001/2023 dated 24.11.2023 to procure a Gazette Notification for change of name from the Competent Authority and the 2 cc_2751_2023 SN,J petitioner has received the copy of the same on 01.12.2023."
4. The learned Standing counsel appearing on behalf of respondent submits that, in compliance to the orders passed by this Court in W.P.No.31618 of 2023 dated 15.11.2023 the respondent school had issued proceedings vide Lr.No.001/2023, dated 24.11.2023.
5. On the other hand the learned counsel appearing on behalf of petitioner contends that, the respondent herein issued proceedings dated 24.11.2023, in pursuance to the orders passed by this Court in W.P.No.31618 of 2023 dated 15.11.2023 and the said proceedings are not in true compliance to the orders passed by this Court and in fact the same is issued contrary to the view of the Apex Court in the judgment passed in Satyasiva Sundar Nayak Vs. Secretary, Board of Secondary Education, Orissa and others case.
6. This Court opines that the legality of the proceedings dated 24.11.2023, cannot be gone into under contempt Jurisdiction and the petitioner is at liberty to pursue the remedies as are available to the petitioner under law.
3 cc_2751_2023 SN,J
7. Taking into consideration the above referred facts and circumstances of the case and the submissions of leaned counsel appearing on behalf of respondent and duly considering the proceedings dated 24.11.2023 issued by the respondent herein, the contempt case filed by the petitioner herein stands closed. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:29.02.2024 Ksl.