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2012 Supreme(AP) 242

NOUSHAD ALI
T. Girija Kumari – Appellant
Versus
Sri K. Venkateswara Rao, Commissioner, Anakapalli Municipality, Anakapalli, Visakhapatnam District – Respondent


Advocates Appeared:
For the Petitioner:P. Rajasekhar, Advocate.
For the Respondents: V.R. Machavaram G.P. for Municipal Administration & Urban Development.

Judgment :

A 75 year old widow has been struggling for getting her name incorporated in the municipal records. Her deceased husband secured a civil court decree on 06-08-1992 in O.S.No.26 of 1992 from the Court of the Principal District Munsif, Anakapalli, declaring him as the rightful owner of a house property and a consequential permanent injunction against the Anakapalli Municipality. Later, the petitioner also obtained a decree for mandatory injunction against the Municipality to incorporate her name in the municipal records in O.S.No.365 of 1995, dated 08-11-2011 from the Court of Principal Junior Civil Judge, Anakapalli.

2. Justice still eluded her. The respondents though lost in the courts have successfully succeeded in thwarting the decrees with impunity. Hapless petitioner approached this Court and obtained a Mandamus on 21.01.2010 to respect the decree. Respondents are still unmoved and have adopted a defiant attitude. Situation therefore warranted the petitioner to invoke the contempt jurisdiction of this Court.

3. Facts in a nutshell.

4. Petitioner’s husband, who served as Medical Officer in Anakapalli Municipality, was allotted a house bearing D.No.4-10-41/1 under a hir























































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