Dismissed

S.a.Khayyum v. v.Dinesh Reddy, IPS

Contempt of Courts Act – Dismissal of contempt proceedings

Telangana HC9 Nov 2009CC/440/2009

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What is this about?

This is a contempt case filed under the Contempt of Courts Act regarding willful violation of interim orders. The court dismissed the case because the impugned order which was the subject of the contempt petition had been vacated in a subsequent order. No order as to costs.

What did the court decide?

Contempt proceedings dismissed; no order as to costs.

S.a.Khayyum Vs v.Dinesh Reddy, IPS — Writ and Judicial Review | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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PRESENT

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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C.C.No.440 of 2009.

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Date:09.11.2009.

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Between:S.A.Khayyum And V.Dinesh Reddy IPS and another

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..Petitioner/Petitioner

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.. Respondents/Respondents

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ORDER:-

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This Contempt case has been filed by the petitioner under Sections 10 to 12 of Contempt of Courts Act to punish the respondents for their willful violation of the orders of this Court dated 11.02.2009 passed in W.P.M.P.No.1272 of 2009 in W.P.No.1002 of 2009.

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Respondent No.2 is present before the Court. Counter affidavit has been filed by the respondents. It is stated in the counter affidavit that the interim order passed in W.P.M.P.No.1272 of 2009 in W.P.No.1002 of 2009 has been vacated, as per the

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order dated 14.10.2009 passed in W.V.M.P.No.1041 of 2009.

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A copy of the order passed in W.V.M.P.No.1041 of 2009 has been placed on record. The order passed in vacate stay petition reads as under:

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“Heard both sides.

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This Court granted interim order on 1102-2009, which says “there shall be interim direction to respondents to continue the petitioner as Depot Manager, Kalyandurg, in case post is vacant as on this date.”

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The learned Standing Counsel for APSRTC filed proceedings dated 27-10-2009, which shows that one M.Adinarayana was appointed as Depot Manager of Kalyandurg, as such, there was no vacancy of Depot Manager at Kalyandurg as on the date of passing interim order by this court on 11-02-2009, as such, the order dated 11-02-2009 could not have been implemented.

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Therefore, the interim order dated 11-02-2009 of this Court is vacated.”

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This C.C. has been directed for disobedience of the order dated 11.02.2009 passed in W.P.M.P.No.1272 of 2009. Since the said order has been vacated as per order in W.V.M.P.No.1041 of 2009, this C.C. does not survive and accordingly, the same is hereby dismissed. There shall be no order as to costs.

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________________________ B. SESHASAYANA REDDY, J

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9^th November, 2009 AMD

S.a.Khayyum v. v.Dinesh Reddy, IPS

Case brief

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S.a.Khayyum v. v.Dinesh Reddy, IPS

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