IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. RAMALINGESWARA RAO, J.
Sabza Ali & Others – Petitioners
Versus
M. Raghunandan – Respondent
Contempt Case No. 1643 of 2015
Decided On : 25-04-2016
The writ petition, a counter was filed by the fifth respondent, HMDA stating that they visited the site and found that the sixth respondent constructed the compound wall without demarcating the proposed 60’ road as per the master plan notified in GO Ms No.288. Then, the fifth respondent addressed a letter requesting the second respondent – District Collector to direct the DPO, Ranga Reddy District and the Executive Officer of Pocharam Gram panchayat, the fourth respondent to initiate necessary action for retaining the notified master plan road – Held, court rarely punishes the Contemnors. The conduct of the first respondent in respect of implementation of the orders of this Court is not without blemish. He was already convicted by a Division Bench of this Court in C.C.No.534 of 2010 and the matter is pending before the Hon’ble Supreme Court. The record in the present case also shows that he has no respect or seriousness in implementing the orders of court. In fact, it appears that he does not take the orders seriously. In spite of sufficient opportunity, he did not take action. He was anxious to help the sixth respondent in the Writ Petition than restore the road in public interest by implementing the orders. This attitude cannot be encouraged by this court. This is an unfortunate situation. Taking the overall facts into consideration, this court imposes a fine of Rs.1,116/- (Rupees One thousand one hundred and sixteen only) to be payable from his pocket to the Telangana Legal Services Authority, Hyderabad within a period of eight (8) weeks from the date of receipt of a copy of this order, failing which to undergo simple imprisonment for a period of two (2) days. This punishment should be a red light in his future career to be careful with the orders of the judiciary. He should realise that the job of judiciary is a serious business and should not be taken lightly – Petition allowed
A. Ramalingeswara Rao, J.
1. This Contempt Case is filed alleging non-implementation of the order dated 24.11.2014 passed by this Court in WP No. 27465 of 2009.
2. Three petitioners claimed that they are the owners of the land of an extent of Ac.4-00 in Survey No. 50 and 0-20 gts. in Survey No.50/RU, situated at Pocharam village, Ghatkesar Mandal, Ranga Reddy District. They stated that there was a road of 60’ wide on the southern side of their land leading from Cherlapalli village to Pocharam village. The said road is the access for their lands. The road was earmarked in the master plan of Hyderabad City as a proposed 60’ wide road. While so, when M/s. Infosys, sixth respondent constructed a compound wall by blocking the existing village road in September 2009, they filed the Writ Petition challenging the inaction of the respondents 2 to 5 in not acting on the complaint of the petitioners dated 24.09.2009 for removal of the compound wall by the sixth respondent.
3. In the writ petition, a counter was filed by the fifth respondent, HMDA stating that they visited the site and found that the sixth respondent constructed the compound wall without demarcating the proposed 60’ road as per the master plan notified in GO Ms No.288 dated 03.04.2008. Then, the fifth respondent addressed a letter on 29.07.2009 requesting the second respondent – District Collector to direct the DPO, Ranga Reddy District and the Executive Officer of Pocharam Gram panchayat, the fourth respondent to initiate necessary action for retaining the notified master plan road.
4. In view of the said statement, this Court disposed of the writ petition on 24.11.2014 directing the respondents 2 to 4 to take necessary action in accordance with law for removal of encroachments, if any, from the proposed master plan road as notified in G.O. Ms. No.288 dated 03.04.2008. When an objection was raised by the counsel for the sixth respondent stating that there was no mention with regard to the proposed road by the Government in the said G.O., the respondents 2 to 4 were directed to verify the records and take necessary action after issuing notice to the sixth respondent.
5. Thereafter, counsel for the petitioners issued a notice to the Gram panchayat, Pocharam for implementing the orders. A similar request was made to other respondents also. It appears that the Gram panchayat, Pocharam issued a show cause notice to the sixth respondent on 23.01.2015, for which the sixth respondent sought time for reply on 27.01.2015 and 10.02.2015. Ultimately, they filed a reply on 13.02.2015 before the fourth respondent – Gram panchayat denying the existence of proposed 60’ wide road. The Gram panchayat addressed a letter on 16.05.2015 to the counsel for the petitioners in reply to the legal notice stating that they addressed a letter on 13.05.2015 to HMDA for surveying the land and fixing the boundary stones for implementing the orders of this Court with a copy to all other respondents. When no action was taken by the District Collector, the above contempt case was filed on 10.08.2015 against him, District Panchayat Officer and Secretary of the Gram Panchayat.
6. This Court ordered notice before admission on 04.09.2015 and on filing the counter affidavits by 01.10.2015 the case was adjourned to 30.10.2015. Thereafter, on 13.11.2015 when this Court noticed that the first respondent herein filed affidavit stating that the proposed master plan road is under examination by the HMDA and hence he could not take action, this Court thought it is a case of overreaching the order passed by this Court and accordingly issued Form-I notices to the respondents 1 and 2 in the present Contempt Case.
7. In response to the notice, the second respondent was present on 11.12.2015, but the first respondent filed an affidavit stating that in view of his unavoidable preoccupation with legal matters in the Hon’ble Supreme Court, he was unable to be physically present. This Court, in the absence of justifiable r
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