The court closed a contempt case alleging willful disobedience of a writ order. It held that the district officer complied with the order albeit with delay, which was not willful. Review of fresh proceedings was directed to a competent forum via fresh proceedings.
Contempt case 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.
THE HONOURABLE SRI JUSTI CE SANJAY KUMAR
CONTEMPT CASE NO.3146 OF 2018
O R D E R
This contempt case was instituted alleging willful disobedience to the order dated 30.08.2017 passed in W.P.No.26505 of 2017. By the said order, the District Panchayat Officer, Karimnagar District, was required to pass appropriate orders afresh within three months from the date of receipt of a copy of the order after giving an opportunity to the petitioner and respondents 6 and 7.
Today, the learned Government Pleader for Panchayat Raj placed before this Court a copy of the proceedings dated 12.03.2019 issued by the District Panchayat Officer, Karimnagar. Perusal of the said proceedings reflects that the District Panchayat Officer issued notice dated 16.02.2018 to the writ petitioner and respondents 6 and 7 and thereafter passed the said proceedings afresh on merits.
That being so, the order passed in W.P.No.26505 of 2017 stands complied with, albeit with considerable delay. However, no grounds are made out to infer that the said delay was either willful or deliberate. This Court is therefore not inclined to take a serious view of the matter in so far as the delay is concerned.
In the event the petitioner is aggrieved by the aforestated proceedings dated 12.03.2019, he would necessarily have to initiate proceedings afresh in accordance with law before the competent forum. The validity of the said proceedings cannot be made the subject matter of review in this contempt case.
The contempt case is accordingly closed. No order as to costs.
_______________ SANJAY KUMAR, J
15th MARCH, 2019 Svv
2 issues framed by the court
Whether the delay in complying with the previous order constituted willful disobedience warranting contempt proceedings.
Whether the validity of fresh proceedings initiated by the District Panchayat Officer can be reviewed in this contempt case.
PETITIONER
DISTRICT PANCHAYAT OFFICER, KARIMNAGAR
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
