This Court entertained a contempt case alleging non-compliance with an order dated 13.04.2016 directing Guntur Municipal Corporation to act on a petitioner's representation. The Commissioner submitted that action, including partial demolition, had been taken. Finding no willful disobedience, the court closed the contempt case.
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THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT CASE No.916 OF 2016
O R D E R
This contempt case was instituted alleging willful disobedience to the order dated 13.04.2016 passed by this Court in W.P.No.12357 of 2016. By the said order, this Court directed the Guntur Municipal Corporation to take appropriate action upon the petitioner’s representations, if warranted, in accordance with the due procedure after giving due opportunity of hearing to all the parties affected by any such decision.
The Commissioner, Municipal Corporation, Guntur, filed a counteraffidavit stating that even prior to the petitioner approaching this Court, necessary action had been initiated in relation to the complaint made by the petitioner under his representation dated 25.02.2015. The Commissioner further stated that after receipt of the order passed by this Court, she inspected the building in question on 13.05.2016 along with other municipal authorities in the presence of both the parties. The Commissioner further stated that she instructed the building owner to submit building proposal of the third floor in accordance with the rules and also directed the subordinate staff to demolish the unauthorized portion, if any. It is further stated that the subordinate staff had already removed the column on the north-east side and the third floor roof slab.
No reply-affidavit has been filed by the petitioner rebutting the counteraffidavit averments.
In the light of the above facts, this Court finds no disobedience to the order passed by this Court in W.P.No.12357 of 2016 warranting exercise of contempt jurisdiction.
The contempt case is accordingly closed. No order as to costs.
______________________ SANJAY KUMAR, J
27th AUGUST, 2016 PGS
2 issues framed by the court
Whether the contemnor's actions constituted willful disobedience of the order dated 13.04.2016 warranting contempt jurisdiction.
Whether the Municipal Corporation satisfied the court that necessary action had been initiated post the order.
PETITIONER
COMMISSIONER, MUNICIPAL CORPORATION, GUNTUR
SANJAY KUMAR
As recorded by the court registry
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