Mogilicherla Sudershan vs Ms. Ashwini Tanaji Wakhde, Ias
2025 Latest Caselaw 1351 Tel

Telangana High Court

Mogilicherla Sudershan vs Ms. Ashwini Tanaji Wakhde, Ias on 24 January, 2025

Author: K. Lakshman

Bench: K. Lakshman

               HON'BLE SRI JUSTICE K. LAKSHMAN

                  CONTEMPT CASE No.401 OF 2025

ORAL ORDER:

Heard Sri M. Ajay Kumar, learned counsel appearing for the

petitioner.

2. This contempt case is filed alleging willful and deliberate

violation of order dated 22.11.2016 in W.P.No.40386 of 2016.

3. Vide aforesaid order, this Court granted liberty to the

petitioner to complain to the Commissioner, if according to him, his

property is being affected, without following the due process of law.

As and when such complaint is made, the Commissioner, shall

consider the same and pass appropriate orders, as warranted by law. \

4. According to the petitioner, he has submitted

representations dated 10.09.2024 and 12.11.2024 to the

Commissioner, GHMC. The same were not considered. Therefore, he

has filed the present contempt alleging willful and deliberate violation

of the said order by the respondents.

5. The Registry took the following objection:

"Clarify as to how the above contempt case (SR) is filed within

the limitation under Section 20 of Contempt of Courts Act,

KL,J

1971, and in view of the judgment 2024 SCC Online SC 1764

in the Hon'ble Supreme Court of India".

6. The petitioner has resubmitted the bundle with following

explanation:

"Since the order para no.8 clearly discloses that as and when

such complaint is made, the Commission shall consider the

same and for appropriate orders. The petitioner made a

complaint on 10.09.2024 and 12.11.2024 the same is not

complied which is against the order of the Hon'ble High Court

directions. Hence resubmitted".

7. In S. Tirupathi Rao vs. M. Lingamaiah 1, this Court held that

the limitation for filing a contempt case is for a period of one year. In

the present case, the order is dated 22.11.2016. Petitioner herein is

contending that he has submitted representations only on 10.09.2024

and 12.11.2024. Therefore, if the said representations are not

considered, petitioner has to file a fresh representation seeking a

direction to GHMC to consider the same. He cannot file the present

contempt case.

2024 INSC 544

KL,J

8. In the light of the same, the said objection raised by the

Registry is sustained. Therefore, this contempt is liable to be closed

and it is accordingly closed. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in

the contempt case shall stand closed.

_________________ K. LAKSHMAN, J 24th January, 2025 gvl