Aabul Fath Syed Shah Hassan Shabbir vs Masiullah Khan
2023 Latest Caselaw 4225 Tel

Citation : 2023 Latest Caselaw 4225 Tel
Judgement Date : 29 November, 2023

Telangana High Court

Aabul Fath Syed Shah Hassan Shabbir vs Masiullah Khan on 29 November, 2023

Author: Surepalli Nanda

Bench: Surepalli Nanda

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                                                          Cc_1310_2023
                                                                  SN,J




 IN THE HIGH COURT OF TELANGANA AT HYDERABAD

                  C.C.NO.1310 OF 2023

Between:

Abul Fath Syed Shah Hassan Shabbir
                                                  ... Petitioner
And

Masiullah Khan and others
                                                ... Respondents

JUDGMENT PRONOUNCED ON:              29.11.2023


      THE HON'BLE MRS JUSTICE SUREPALLI NANDA


1. Whether Reporters of Local newspapers    :     Yes
   may be allowed to see the Judgment?

2. Whether the copies of judgment may be
   marked to Law Reporters/Journals?        :     Yes

3. Whether Their Lordships wish to
   see the fair copy of the Judgment?       :     Yes


                                     _________________
                                     SUREPALLI NANDA, J
                               2
                                                          Cc_1310_2023
                                                                  SN,J




      THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                    C.C.NO.1310 OF 2023

%     29.11.2023


Between:

#   Abul Fath Syed Shah Hassan Shabbir
                                               ..... Petitioner

And

$ Masiullah Khan and others
                                              ... Respondents

< Gist:

> Head Note:


! Counsel for the Petitioner : Mrs Shaik Zahed Amoodi
^ counsel for Respondents : Mr B.Mayur Reddy


? Cases Referred:
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                                                                      Cc_1310_2023
                                                                              SN,J




         HON'BLE MRS JUSTICE SUREPALLI NANDA

                     C.C.NO.1310 OF 2023
ORDER:

Heard Mr Shaik Zahed Amoodi, learned counsel

appearing on behalf of the petitioner and Mr B.Mayur

Reddy, learned counsel appearing on behalf of

respondents.

2. This contempt case is filed complaining violation of the

orders of this Court dated 14.06.2023 passed in W.P.No.14398

of 2023.

3. The operative portion of the said order dated

14.06.2023 passed in W.P.No.14398 of 2023, reads as

under:

"4. Taking into consideration the above referred submission of both counsel, the writ petition is disposed off directing the respondent Nos.2 and 3 to consider the petitioner's representations dated 05.09.2022, 12.05.2023 and 30.05.2023 in accordance to law, duly complying with principles of natural justice, and pass appropriate orders on or before 23.06.2023, duly communicating the decision to the petitioner. However, there shall be no order as to costs."

Cc_1310_2023 SN,J

4. Paras 5 and 6 of the counter affidavit filed by

respondent No.2 in C.C.No.1310 of 2023, read as under:

"5. It is further humbly submitted that as per order of the Hon'ble Court direction to pass the appropriate order on or before 23.06.2023. The respondent No.2/Chief Executive Officer, passed the order on 21.06.2023 and was dispatched on same day i.e. 21.06.2023 through speed post. So there is no question of willful default in passing the order and dispatching the letter to the writ petitioner.

6. It is most respectfully submitted that, in view of the facts and circumstances narrated above the contemnors / respondents have not disobeyed the orders of the Hon'ble High Court and further respectfully submit that no such incidents would take place in future to make any delay in communication of any proceedings which leads to proceed against the contemnors/ respondents under contempt proceedings. However this respondent tenders an unconditional apology and prays this Hon'ble Court to drop further proceedings."

5. Para 5 of the counter affidavit filed by respondent

No.2 in I.A.No.2 of 2023 in C.C.No.1310 of 2023 in

W.P.No.14398 of 2023, reads as under:

"5. It is respectfully submitted that this Hon'ble Court directed the Respondents herein to consider the representations of the Petitioner dt. 05-09-2022, 12-05-

Cc_1310_2023 SN,J

2022 and 30-05-2022 in according with law, duly complying with principles of natural justice. Therefore the Respondents upon considering the said representations dt.05-09-2022, 12-05-2022 and 30-05- 2022, passed order on 21-06-2023 and intimation was sent to the Petitioner through speed post. As per the humble understanding of the Respondents, there was no specific direction to the Respondents to give personal hearing on the representations of the petitioner.

6. It is specifically contended by the learned counsel

appearing on behalf of respondents 1 and 2 that in view of the

fact that the order dated 14.06.2023 passed in W.P.No.14398

of 2023 did not specifically indicate an opportunity of personal

hearing to the petitioner, therefore, no opportunity of personal

hearing was given to the petitioner and therefore, it cannot be

said that respondent Nos. 1 and 2 have violated the order of

this Court dated 14.06.2023 passed in W.P.No.14398 of 2023.

7. Taking into consideration the averments made at

paras 5 and 6 of the counter affidavit filed by the

respondent No.2 in the present contempt case and also

the averments made in para 5 of the counter filed by

respondent No.2 in I.A.No.2 of 2023 in C.C.No.1310 of

2023 in W.P.No.14398 of 2023 (referred to and

Cc_1310_2023 SN,J

extracted above), this Court opines that there is no

deliberate violation of the orders of this Court dated

14.06.2023 passed in W.P.No.14398 of 2023 and

accordingly, the contempt case is dismissed. There

shall be no order as to costs.