This Court dismissed a contempt petition filed for violation of an order in W.P. No. 9315 of 2010 regarding demolition threats. Since the property was not demolished and remained in the petitioners' possession, the order was not violated.
Contempt Case dismissed as the prior order was not violated.
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THE [HON'BLE SRI JUSTICE RAMESH RANGANATHAN
CONTEMPT CASE No.1183 of 2011
ORDER:
The order, violation of which has resulted in the present contempt case being filed, is the order of this Court in W.P.No.9315 of 2010 dated 22.04.2010.
The order in the Writ Petition records that as officials of the respondent-Corporation had visited the petitioners’ property on 11.04.2010, and had threatened to demolish the structures thereat for the purpose of road widening, the petitioners had filed the Writ Petition. This Court, by order dated 22.04.2010, disposed of the Writ Petition directing the respondents not to dispossess the petitioners from the subject property except in accordance with Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Act, 1955 (the Act) as extended to the Greater Visakhapatnam Municipal Corporation.
It is the petitioners’ grievance that officials of the respondent-Corporation, without following the procedure prescribed under the Act as extended to the Greater Visakhapatnam Municipal Corporation, had demolished structures on their property for the purpose of road widening. In his counter affidavit the first respondent would state that, since the petitioners had not given consent to part with their property for the purpose of road widening, the respondent-Corporation had not touched their property; and the said property is still under the possession of the petitioners.
As the order of this Court aforementioned had not been violated, I see no reason to proceed against the respondent under the Contempt of Courts Act, 1971.
The Contempt Case is, accordingly, dismissed.
RAMESH RANGANATHAN,J Date:01.03.2012 usd
1 issue framed by the court
Whether the impugned order in W.P. No. 9315 of 2010 was violated by the demolition of structures by the Corporation.
Petitioners
First Respondent
Respondent-Corporation
RAMESH RANGANATHAN
As recorded by the court registry
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