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2024 Supreme(Online)(TEL) 23068

HIGH COURT OF TELANGANA
SUREPALLI NANDA, J
Habeeb Moosa – Appellant
Versus
Mr. Musharraf Ali Farooqui IAS – Respondent
CC/1821/2024



The court found no deliberate disobedience of its previous order, resulting in the closure of the contempt case.

Headnote:(A) Writ Petition No. 22867 of 2023 - Order dated 28.08.2023 - Violation of court order - Petitioner sought restoration of name in electricity records - Respondents complied with court's directive to consider representation within stipulated time. (Paras 2-6)

(B) Contempt of Court - No deliberate disobedience found - Contempt case closed without costs. (Paras 5-6)

Facts of the case:
Petitioner alleged violation of a court order regarding the restoration of name in electricity records. Respondents submitted documents and conducted a personal hearing.

Findings of Court:
Court found no deliberate disobedience of its previous order.

Issues: Whether there was a violation of the court's previous order.

Ratio Decidendi: The court held that the respondents complied with the order, thus closing the contempt case.

Result: Contempt case closed without costs.

ORDER: 

Hear d Sr i Habeeb Abu bak ar Alh am ed, lear n ed cou n sel  appear in g on beh alf of t h e pet it ioner an d Sr i R. Vin od Reddy, lear n ed St an din g Cou n sel for TSSPDCL, appear in g on beh alf of r espon den t s.

 2 .The petitioner approached the Court complaining violation of the order of this Court dated 28.08.2023 passed in W.P.No.22867 of 2023. 

3 .Th e r elev an t par agr aph No.4 of t h e or der dat ed 2 8 .0 8 .2 0 2 3 passed in W .P.No.2 2 8 6 7 of 2 0 2 3 is ex t r act ed h er eu n d er : 

Bringing the said submission on record, the writ petition is disposed of directing the respondent Nos.1 to 3 to consider the petitioner’s representation dated 10.08.2023 pertaining to restoring the petitioner’s name in the electricity records and bill for the subject property house bearing No.13-124, Shaheen Nagar, Hyderabad, Telangana State, by giving due notice both to the petitioner and respondent No.4 within a period of three (03) weeks from the date of receipt of copy of this order and pass appropriate orders duly communicating the decision both to the petitioner and the 4th respondent.

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

4 .Th e cou n t er affid avit filed on beh alf of t h e r espon den t s an d t h e r elevan t par agr aph Nos.3 t o 5 ar e ex t r act ed h er eu n d er : 

“ 3 . It is submitted that in compliance of the orders of the Honorable Court, the petitioner and the 4th Respondent in the Writ Petition was served with a letter dated 13.10.2023 to submit any records of the property within one week i.e., by 21.10.2023 to the Assistant Divisional Engineer, Operation, Mamidipally. Both the parties submitted documents.

The petitioners have submitted the following documents. i). Notary of Agreement of Sale dated 03.07.2009 from Habeeb Saleh to Habeeb Moosa. ii). Gift settlement Deed dated 13.07.2009 bearing Doc.No.1660/ 2009 in favour of his sister. iii). Attested copy of Absolute Agreement of Sale dated 13.06.2011.

The 4th Respondent in the Writ petition has submitted the following documents: i). Gift Settlement Deed dated 13.07.2009 bearing Doc.No.1660/ 2009 in favour of his sister. ii). Sale Deed bearing Doc.No.12675/ 2022. iii). Certified copy of Assessment register of property bearing H.No.13-124 of Jalpally Municipality. iv). Property tax bill copy.

4 . It is submitted that after going through the documents submitted, the Respondents have come to the conclusion that the name change for service connection bearing Sc.No.2701 04907 located in H.No.13-127, Shaheen Nagar, Hyderabad is as per General Terms and Conditions of Supply. The Title of the service connection was changed in the name of the 4th Respondent before filing the Writ Petition and the said change is based on the copies of Title Deeds produced by the 4th Respondent.

5 . It is submitted that these respondents have complied with the orders of the Honorable Court in true spirit and have issued notices on 13.10.2023 and personally hearing was conducted on 06.11.2023 and speaking orders dated 30.11.2023 were issued to the petitioner and they were served on the petitioner and the 4th Respondent in the Writ Petition.”

5 . Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of the respondents, placing reliance on the averments made at paragraph Nos.3 to 5 of the said counter affidavit filed on behalf of the respondents (referred to and extracted above) contends that in pursuance to the order of this Court dated 28.08.2023 passed in W.P.No.22867 of 2023, notice has been issued on 13.10.2023 and personal hearing was conducted on 06.11.2023 and speaking orders dated 30.11.2023 were issued to the petitioner and they were served on the petitioner and respondent No.4 herein and hence the order of this Court dated 28.08.2023 passed in W.P.No.22867 of 2023 had been duly complied with.

6 . Tak in g in t o con sider at ion t h e su b m ission s m ade by t h e lear n ed St an din g Cou n sel appear in g on beh alf of t h e r

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