A party cannot maintain a contempt petition for willful disobedience of a court order if they have failed to fulfill the prerequisite conditions, such as submitting a representation, which trigger the respondent's obligation to act.

This Court made the following:

ORDER (ORAL)

This Contempt Case is filed alleging willful and deliberate violation of order dated 07.03.2025 in W.P. No.7101 of 2025.

2. Vide the aforesaid order, this Court disposed of the writ petition granting liberty to the petitioner to submit a representation to respondent No.4 therein stating that respondent No.4 has already removed the deviated portion pursuant to the speaking order dated 13.12.2024 and that he would proceed with the construction strictly in accordance with the building permit order dated 23.05.2024 and work commencement letter dated 01.06.2024. This Court also directed respondent No.4 therein i.e., Deputy Commissioner, GHMC, Circle No.19, Yousufguda, to inspect the subject property and also consider the representation of the petitioner. This Court also directed him to complete the entire exercise within four (04) weeks from the date of receipt of the said representation.

3. Though the petitioner filed the present contempt case alleging willful and deliberate violation of the order under contempt, in the entire affidavit he has not stated the date on which he has submitted representation to respondent No.2 herein. Without submitting the representation to respondent No.2 in compliance with the order dated 07.03.2025, the petitioner cannot contend that respondent No.2 has violated the order under contempt.

4. However, respondent No.1 has filed counter contending that he has received the complaint from Dr. Aparna through e-mail on 19.03.2025 with regard to unauthorized construction and on inspection of site on 24.03.2025, it was observed that the petitioner herein is re-constructing the demolished unauthorized floors, hence, the respondent Corporation seized the said unauthorized floors. The same is specifically mentioned in a tabular form of paragraph No.5 (i) of the affidavit.

5. In the light of the above, there is no violation, much less willful and deliberate violation of the order under contempt by the respondents.

6. Therefore, this Contempt Case is closed. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the contempt case shall stand closed.