This contempt case, filed alleging violation of a prior High Court order prohibiting morning walkers fee collection, was dismissed after the respondent corporation submitted evidence showing fee exemptions were displayed and implemented.
Contempt case dismissed; miscellaneous applications closed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR AND
THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY
CONTEMPT CASE No.912 of 2013
BETWEEN
Sri. M.N. Rao.
…PETITIONER
AND
Sri M.T. Krishna Babu, Commissioner, GHMC, Tank Bund, Hyderabad.
…RESPONDENT
Counsel for the Petitioner: MR. G MALLA REDDY
Counsel for the Respondent: MR. C. DAMODAR REDDY MR. R. RADHAKRISHNA REDDY
The Court made the following order:
ORDER: (Per Hon’ble Sri Justice Vilas V. Afzulpurkar)
This contempt case is filed alleging violation of the orders of this Court in WP.No.17028 of 2002 dated 18.02.2013.
2. By the aforesaid order, it was recorded by this Court that the Corporation is not collecting any fee from the morning walkers from 5.00 a.m. to 8.00 a.m. in the following parks viz. 1) Chacha Nehru Park, 2) Sanjeevaiah Park, 3) Indira Park and 4) Banjara Park.
3. The present contempt case is, however, filed in view of the Corporation and its contractors collecting the fee from the morning walkers even after and in spite of the orders of this Court, referred to above.
4. In this contempt case, earlier a counter affidavit is filed on behalf of the respondent corporation and further an additional counter affidavit is also filed by the Director, Urban Biodiversity, GHMC.
It is specifically stated in para 5 of the counter as follows:
“5 . It is respectfully submitted that the Director, Urban Biodiversity, GHMC has issued another letter No.1919/CH/GHMC/2012 dated 03-07-2013 to Sri. Md. Ayub, contractor directing him not to issue any ticket to morning walkers in Indira park and close the ticket 5:00 a.m. to 8:00 a.m. Apart from that notice board has been displayed at both the entry gates of the park and also at various prominent places inside the Indira park indicating that “No entry fee” for morning walkers from 5:00 a.m. to 8:00 a.m. for information of the morning walkers not to pay any entry fee to any contractor. The photographs displaying in the Indira park indicating “No Entry fee” for morning walkers between 5:00 a.m. to 8:00 a.m. are herewith filed along with the copy of letter No.1919/CH/CHMC/2012 dated 03-072013.”
5. It is evident from the above that no such entry fee is being collected
and it is permanently displayed in the parks that there is no entry fee for morning walkers from 5:00 a.m. to 8:00 a.m. and that the contracts finalized contain the aforesaid clause. In view of the above, the order of this Court stand complied with and no further orders are necessary to be passed.
The contempt case is dismissed. The miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J
___________________ T. SUNIL CHOWDARY, J
October 10, 2014 DSK
1 issue framed by the court
Whether the respondent corporation is collecting fees from morning walkers in violation of earlier court orders.
Sri. M.N. Rao.
Sri M.T. Krishna Babu, Commissioner, GHMC
Vilas V. Afzulpurkar
T. Sunil Chowdary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
