Andhra Pradesh High Court - Amravati
Er.A.Venkateswarlu vs Sri.P. Chandramouleswar Reddy on 2 May, 2023
Bench: Ravi Nath Tilhari
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CONTEMPT CASE NO. 418 of 2018
JUDGMENT:-
1) Heard Sri. Mahadeva Kanthrigala, learned Counsel
for the Petitioner, Sri. P. Anand Surya, Advocate,
representing Sri. Kalava Suresh Kumar Reddy, learned
Standing Counsel for the Respondent Nos. 1 and 3 and
Sri.P.Ganga Rami Reddy, learned Counsel for Respondent
No.2.
2) This Contempt Petition was filed alleging willful
disobedience of the Order, dated 21.04.2017, passed in
W.P. No. 14187 of 2017. The relevant part of the Order is
reproduced as under:
"Inasmuch as the 2nd respondent Corporation has
already initiated action against the 4th respondent
by issuing the notice under Sections 452(1) and
461(1) of the 1955 Act on 03.01.2017, the same
shall be brought to a logical end. Such action shall
be completed, if not already done, within four
weeks from the date of receipt of a copy of this
order.
The Writ Petition is accordingly, disposed of. No
costs."
3) The present Respondent No. 1 has filed the counter
affidavit, dated ...04.2018, and para 8 thereof, reads as
follows:
"8. In reply to para 7 of the affidavit this 1st
respondent humbly submits that the 2nd respondent
has already stopped the renovation of work after
issuing the notice under Section 452(1) and 461(1)
of the H.M.C. Act 1955 on 23.12.2016. Further after
lapse of sometime the 2nd respondent again started
renovation of the building without getting any
orders from the Corporation as such the
corporation has issued Provisional Order dated
28.12.2017 under Sections 452(1) and 461(1) of the
H.M.C. Act, 1955 and issued confirmation order
dated 28.01.2018 and filed Criminal Proceedings in
C.F.R. No. 1387 of 2018 on the file of Additional
Judicial Magistrate of Second Class Offences,
Kadapa."
4) The Respondent No. 2 has also filed the counter
affidavit in June 2018 and para 3 thereof reads as under:
"3. I submit that to the notices issued under Section
452(1) and 461(1) of the HMC Act by the 1st
Respondent I have given detail explanation.
However the corporation has issued provisional
order dated 28.12.2017 and confirmation order
dated 28.01.2018. Thereafter, the Municipal
Corporation, Kadapa has initiated criminal
proceedings in CFR No. 1387/2018 against me. The
Additional Judicial Magistrate of Second Class,
Kadapa has issued summons in case No. 201 of
2018 to me to appear on 26.06.2018. I have
appeared on that day and prosecuting the case".
5) The Petitioner has not filed any reply affidavit to
controvert the aforesaid contents of the counter affidavits.
6) Learned Counsel for the Petitioner submits that, the
building permission was granted to the 2nd Respondent for
'residential', but he raised commercial construction.
7) By Order, dated 21.04.2017, the writ court directed
the Commissioner of Kadapa Municipal Corporation, to
bring a logical end to the notice, dated 03.01.2017.
8) As per the counter affidavits; firstly, a "Provisional
Order", dated 28.12.2017, was passed and, thereafter the
"Order of Confirmation" was also passed on 28.01.2018.
9) The criminal proceedings in C.F.R. No. 1387 of 2018
have also been initiated by the Corporation, against the
present 2nd Respondent.
10) The submission of the learned counsel for the
Petitioner as regards the nature of the constructions
raised, with respect to which, he submits that the report of
the Executive Engineer (R&B) was submitted in the
contempt petition, even if the same may be correct, though
this Court is not expressing any view, does not require any
consideration in the contempt jurisdiction, which is to be
confined within the four corners of the Order, dated
21.04.2017, passed in the Writ Petition.
11) The respondents having passed the orders, as
aforesaid, no case for contempt is made out.
12) In view of the compliance with the Order of the writ
court, the notices issued to the Respondents are
discharged and the contempt case is dismissed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
________________________
RAVI NATH TILHARI, J
Date: 02.05.2023.
SM/DSB.
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
CONTEMPT CASE NO. 418 of 2018
Date: 02.05.2023
SM/DSB
