T.Pushpa vs L. Krishna
2024 Latest Caselaw 899 Tel

Telangana High Court

T.Pushpa vs L. Krishna on 29 February, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

      HON'BLE MRS JUSTICE SUREPALLI NANDA


           CONTEMPT CASE No.2751 OF 2023

ORDER:

Heard learned counsel for the petitioner and also

heard learned counsel for the sole respondent.

2. The present Contempt Case is filed complaining

violation of the orders passed by this Court dated

15.11.2023 passed in W.P.No.31618 of 2023 and the

relevant potion of the said order reads as under:

"In view of the above, respondent No.5 is directed to consider the representation of the petitioner dated 02.11.2023 in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, and duly communicate the decision to the petitioner."

3. The respondent herein in the present case made

appearance by filing counter affidavit in the matter

and in particular paragraph No.6 of the said counter

affidavit reads as under:

"In compliance to the orders of the Hon'ble High Court, I have informed the petitioner vide letter No.001/2023 dated 24.11.2023 to procure a Gazette Notification for change of name from the Competent Authority and the 2 cc_2751_2023 SN,J

petitioner has received the copy of the same on 01.12.2023."

4. The learned Standing counsel appearing on behalf of

respondent submits that, in compliance to the orders passed

by this Court in W.P.No.31618 of 2023 dated 15.11.2023 the

respondent school had issued proceedings vide

Lr.No.001/2023, dated 24.11.2023.

5. On the other hand the learned counsel appearing on

behalf of petitioner contends that, the respondent herein

issued proceedings dated 24.11.2023, in pursuance to the

orders passed by this Court in W.P.No.31618 of 2023 dated

15.11.2023 and the said proceedings are not in true

compliance to the orders passed by this Court and in fact the

same is issued contrary to the view of the Apex Court in the

judgment passed in Satyasiva Sundar Nayak Vs.

Secretary, Board of Secondary Education, Orissa and

others case.

6. This Court opines that the legality of the proceedings

dated 24.11.2023, cannot be gone into under contempt

Jurisdiction and the petitioner is at liberty to pursue the

remedies as are available to the petitioner under law.

3 cc_2751_2023 SN,J

7. Taking into consideration the above referred

facts and circumstances of the case and the

submissions of leaned counsel appearing on behalf of

respondent and duly considering the proceedings

dated 24.11.2023 issued by the respondent herein, the

contempt case filed by the petitioner herein stands

closed. However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

__________________________________ MRS JUSTICE SUREPALLI NANDA

Date:29.02.2024 Ksl.