THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard learned counsel for petitioner and Sri Raparthi Venkatesh, learned Assistant Government Pleader for Revenue appearing for the respondent.

2. This Contempt Case is filed alleging willful and deliberate violation of order dated 18.12.2024 passed by this Court in Writ Petition No.35575 of 2024.

3. Vide the aforesaid order, this Court while disposing of the said Writ Petition directed the respondent herein to consider the representation dated 02.11.2024 submitted by the petitioner, inspect the site and if the allegations made by the petitioner are found to be true, he shall take action against respondent Nos.5 to 7 therein strictly in accordance with the procedure laid down under Greater Hyderabad Municipal Corporation Act, 1955, by putting the petitioner and respondent Nos.5 to 7 therein on notice and affording them an opportunity of hearing, within a period of four (4) weeks from the date of receipt of copy of the said order.

4. Sri Raparthi Venkatesh, learned Standing Counsel appearing for Greater Hyderabad Municipal Corporation, on instructions, would submit that unofficial respondent No.5 in Writ Petition No.35575 of 2024 and another filed a suit in O.S.No.4137 of 2022 in the Court of learned IV Junior Civil Judge, City Civil Court, Hyderabad. In the said suit, they have also filed I.A.No.462 of 2022 seeking ad interim injunction restraining the respondent Corporation from interfering with the schedule property pending disposal of the said suit. Vide order dated 28.09.2022 in I.A.No.462 of 2022, the learned trial Court granted status quo. The said suit is pending and the status quo order dated 28.09.2022 is subsisting. In the said I.A.No.462 of 2022, the respondent, GHMC, has already filed counter. It is posted for hearing. He would, on instructions, further submit that in view of guidelines issued by the Division Bench of erstwhile High Court of Andhra Pradesh in Municipal Corporation of Hyderabad, Hyderabad v.

Philomena Education Foundation of India, 2008 (2) ALD 1 and also the Office Orders passed by this Court vide Circulars bearing ROC.No.7/Reg.Judl/2017 and ROC.No.14/Reg.Judl./2023 dated 20.12.2017 and 08.11.2023 respectively, the learned trial Court may be directed to dispose of the said I.A.No.462 of

2022 in O.S.No.4137 of 2022.

5. In view of aforesaid discussion, this Court is of the view that there is no violation much less willful and deliberate violation of order dated 18.12.2024 passed by this Court in W.P.No.35575 of 2024.

6. In the light of the above, the learned IV Junior Civil Judge, City Civil Court, Hyderabad, is directed to dispose of I.A.No.462 of 2022 in O.S.No.4137 of 2022 in accordance with law considering the guidelines issued by the Division Bench of erstwhile High Court of Andhra Pradesh in Municipal Corporation of Hyderabad, Hyderabad v. Philomena Education Foundation of India, 2008 (2) ALD 1 and also the Office Orders passed by this Court vide Circulars bearing

ROC.No.7/Reg.Judl/2017 and ROC.No.14/Reg.Judl./2023 dated 20.12.2017 and 08.11.2023 respectively. However, liberty is granted to the petitioner to file fresh contempt, if so advised. Liberty is also granted to the petitioner to take steps to implead him as party in O.S.No.4137 of 2022.

7. Accordingly, this Contempt Case is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

________________

K. LAKSHMAN, J

18^th JULY, 2025.

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