Citation : 2022 Latest Caselaw 9407 AP
Judgement Date : 7 December, 2022
SEEN SPORRIL ERB BR REL pret
FORMA
NOTICE FOR APPEARANCE IN PERSON AFTER ADMISSIO
{SEE RULE 18}
IN THE HNGH COURT OF ANDHRA PRADESH AT AMARA
{Original Jurisdiction)
WEDNESt
-PRESENT:
THE HONOURABLE SRI JUSTICE RAVI NATH TILNAR!
CONTEMPT CASE NO: S873 OF 2022
Setwaen:
*, Shak Eewaramma, Wo Shaik Abdul Sahiman, Aged about ST Years, Ria
N.Na. G21, Sreeramulaneta, Proddatur Town and Mandal, Y.S.R Kadapa
Ciatric
s. Shai Rahanan, Sio Late Shalk Lathed, Ages about 83 Years, Gee.
ve ees ae RB. . YES, Srasrarnuiaoets, Pr scidatur Towr and Mandal,
Pioneers
AND
ori P Venkat ramanaiah, Tre Municipal Commissioner, Proddatur Municinality,
Respondents
WHEREAS the Petition
GCantemm of courts Ach 19)
antec under Section 10 ta 12 of the
3 h their onunse!l Mr PRant Kiran M,
gh v CHE cased to op : fhe respondent
hodience ¢ oF The orders ay WR No. g0S48 of 2022, dated
of Mr. Phe ran i Rian |
QRDER:
3, Heard Sri Paani Rumar, learned counsel, representing Sa M.Phani Kiran,
learned counsel for the pefitieners. He submits thet inspite of the clear
Uirectians by thie Caurt in W.P.Ne.20248 of 2022 by Aling Andament dated
VAG 2022, to be repreduced fersin afer the Municipal Commissioner,
Proddatur Municipality, YSR Kadapa Districvreapondents has net passed any
final orders &) date and ihe ime granted for passing the Snel orders, has
already expired,
2. The operative portion as in paragraph Nos.28 to 28 reads aa under:-
"ad. in the facts and circumstances of Ge case, the writ petition is
Seing disposed of with directions issued fo the Commissioner, re
respondent No.3, fo pass final orders under Section 277 (3) of Se Act,
T8265 pursuant to the provisional ordennatice defed 24.09.9090 and
fre comirmation aoties dated O7.70.2080, in accordance with jaw,
os a aaa
«SORES SEES:
ie
samen
after according anportunity of bearing fo tre petitioners as also fe
respondent Nos.? and §.
a4. The respondent Nos? and 8 are already possessed of the notiers
doted 27.09.2020 and OF. 70.2620 as fhe copy of the counter afidavit
afeng with copy af tie sefices dated 27.08.2020 and OF, 70. 2020 anvexsd
to fhe counter aod, Sled by respondent No.3, Aas already deen
recaived by them na fresh noties is to be issued fo those respondents.
They shall be af Sberty fe fie response to the notices witht) @ period of
fen (10) days fram receipt of cupy of tis order. The Commissioner shail
pass final order ae aforesaid within 2 period of four (04) weeks from fhe
date of receipt of regiy of he respondent Nos. 7 and 8 along with copy
af vs order. Hono reply is Wed by the respondent Nos? and 8, within
the aforesaid peniod stiff fhe Commissioner shail pass final orders writin
the samme perad,
2s. if will aise Bs open for tie Municipal Corporatian {6 initiate
appropriate acvon and conclude ihe same, under any offer provision
of the Andhra Pradesh Municipalities Act & the Rules thereunder, as
may be applicable for wolation, any, of the provisional order/motices
gefed 27.09.2020 & OF. 70. 2020 as per law.
26. The wrk pefiien is disposed of Nnally with the above
shservations and directions. No order as fo cosis."
a. Learned counsel for the patiioners further submits that the copy of the
judgment was made ready and dispatched on 21.4 G.2022. The petitioner No.4
made representation dated 22.10.2022, along with the copy of the order fo the
respondent, Commissioner, follawed by the representations dated 34.10.2022,
4O4T 2088, 14.49.2082 and 27.47.2022, but the said respondent has not
complied with the same. The reapondent Nos.? and § are stil continuing with
the construction activities, as mao final order has been passed by the
CAUINDBISSiONE!,
§, in view of the aforesaid submissions ae alsa the contentions of tie
affidavit, prima facie, this is a case of wilful disobediance of the
ordenfudgment dated 11.10.2022, by the Cammissionar,
8. List on O48. 2028.
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