Shaik Eswaramma, vs Sri. P,Venkataramanaiah,
2023 Latest Caselaw 672 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              CONTEMPT CASE No.5673 OF 2022

JUDGMENT:-


      Heard Sri Md. Gayasuddin, learned counsel for the

petitioner and Sri N. Ranga Reddy, learned counsel for the

respondent.

2. This contempt case has been filed alleging disobedience of

the order dated 11.10.2022, passed by this Court in

W.P.No.20248 of 2022. The operative portion of the order reads

as under:

"22. It therefore transpires, prima facie, that the provisional order of the Commissioner has not been obeyed and the Commissioner also failed to discharge the statutory duty under Section 217 (3) of the Act by failing to pass final orders as also in ensuring the compliance of his provisional order. Such a situation should not have arisen if the respondent No.3 had finally discharged his statutory duty under Section 217 (3).

23. In the facts and circumstances of the case, the writ petition is being disposed of with directions issued to the Commissioner, the respondent No.3, to pass final orders under Section 217 (3) of the Act, 1965 pursuant to the provisional order/notice dated 21.09.2020 and the confirmation notice dated 01.10.2020, in accordance with law, after according opportunity of hearing to the petitioners as also the respondent Nos.7 and 8.

24. The respondent Nos.7 and 8 are already possessed of the notices dated 21.09.2020 and 01.10.2020 as the copy of the counter affidavit along with copy of the notices dated 21.09.2020 and 01.10.2020 annexed to the counter affidavit, filed by respondent No.3, has already been received by them no fresh notice is to be issued to those respondents. They shall be at liberty to file response to the notices within a period of ten (10) days from receipt of copy of this order. The Commissioner shall pass final order as aforesaid within a period of four (04) weeks from the date of receipt of reply of the respondent Nos. 7 and 8 along with copy of this order. If no reply is filed by the respondent Nos.7 and 8, within the aforesaid period still the Commissioner shall pass final orders within the same period.

25. It will also be open for the Municipal Corporation to initiate appropriate action and conclude the same, under any other provision of the Andhra Pradesh Municipalities Act & the Rules thereunder, as may be applicable for violation, if any, of the provisional order/notices dated 21.09.2020 & 01.10.2020 as per law.

26. The writ petition is disposed of finally with the above observations and directions. No order as to costs."

3. On 07.12.2022, considering the petitioners submissions

as advanced on that date, the respondent has not passed any

final order, notice was issued. The respondent has filed the

counter affidavit inter alia stating that the respondent passed

the final order vide Roc.No.1159/2022-G1 dated 17.11.2022,

the copy of which has been annexed with the counter affidavit

as Ex.P.8.

4. Learned counsel for the petitioner does not dispute the

said order. But he submits that the order suffers from many

illegalities and irregularities, inasmuch as inspite of passing the

order referred under reference No.3 that the Memo

No.1271893/Vig.II/2022 dated 08.09.2021, the authority ought

to have passed different order may be of demolition. The

submission as advanced pertains to the challenge to the order

dated 17.11.2022 on merits, in the exercise of the contempt

jurisdiction, this Court cannot enter into the merits of the

illegalities or other wise of the order passed. The same direction

was to pass the final orders and take the decision in the matter,

which has taken by the respondent by order dated 17.11.2022

which at the time of issuance of notice to the respondent on

07.12.2022 was not brought to the notice of this Court.

5. No case was made out in the contempt case. However,

with respect to the order passed by the respondent, it is open

for the petitioner to seek appropriate remedy, if so advised.

6. Accordingly, the contempt case is dismissed.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:08.02.2023 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

CONTEMPT CASE No.5673 OF 2022

Date:08.02.2023 Gk.