Citation : 2021 Latest Caselaw 2898 AP
Judgement Date : 5 August, 2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CONTEMPT CASE No.2003 of 2017
ORDER:
The petitioner had sought renewal of her license for
manufacturing fireworks and selling the crackers at
Sy.No.20/7B of Kondakoppaka Village, Anakapalli Mandal,
Visakhapatnam District. Aggrieved by the inaction of the 2nd
respondent in renewing the said license, the petitioner had
approached this Court by way of W.P.No.43616 of 2016. The
same was disposed of by this Court by an order dated
29.12.2016, directing the 2nd respondent therein to consider the
application of the petitioner dated 22.06.2013 and pass
appropriate orders in accordance with law, as expeditiously as
possible, preferably within a period of two months.
2. The petitioner had thereupon filed the present
contempt case on the ground that the direction of this Court has
not been complied with, as no endorsement or order had been
passed in the case of the petitioner. The respondent has now
filed a counter affidavit stating that the order of this Court has
been complied with by passing an order dated 13.10.2017 in
RC.No.3227/2016/C3.
3. In the said order, it is stated that the Judgment of
this Court had not been received by the Collector's Office until
07.08.2017, when the petitioner had reminded the respondents
about the direction issued to the respondent by this Court, by
enclosing a copy of the order.
2 RRR,J
C.C.No.2003 of 2017
4. The order dated 13.10.2017 states that a notice was
issued to the petitioner and the order was passed after hearing
the petitioner. The request of the petitioner was rejected on the
ground that the petitioner was not able to demonstrate lawful
possession of the site, for which the license for sought.
5. Sri Ravi Cheemalapati, learned counsel appearing
for the petitioner submits that the inordinate delay in passing
the order beyond the time stipulated in the order of this Court
amounts to a clear violation and non compliance of the direction
of this Court.
6. The order of compliance itself states that the
respondent was unaware of the order of this Court till
07.08.2017, and thereafter, the said order has been passed on
13.10.2017 which is more or less in compliance with the
direction of this Court. It may also be pointed out that the
petitioner does not state anywhere as to the date on which the
order of this Court was received by the respondent.
7. In the circumstances, there has been substantial
compliance of the direction of this Court.
8. Accordingly, the contempt case is closed.
As a sequel, pending miscellaneous petitions, if any,
shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
05.08.2021
SDP
3 RRR,J
C.C.No.2003 of 2017
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
CONTEMPT CASE No.2003 of 2017
05-08-2021
SDP
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