Petitioner filed a contempt case alleging willful disobedience to a writ order for removal of an unlawful kiosk. Court found authorities removed the kiosk with police help, thus no violation occurred, and dismissed the case.
Contempt case closed; no 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.
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENTY THIRD DAY OF AUGUST
TWOTHOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
CONTEMPT CASE N O:1511 OF2O24
Between:
The Osmangunj Extension CooperativeHousing Society limited, rep by its Secretary(1) GoverdhandasTapadiya S/oLate Gheesalal Tapadiya, aged about 69 years, No.5-2-2OO1N104,
1st Floor, New Osmangunj, Hyderabad and Joint Secretary Mr. NarayanlalVyas s/oLate Sri Nandlal Vyas, Office at 5-2-200lN104, 1st Floor, New Osmangunj, Hyderabad
...Petitioner/Petitioner
AND
Petition under Sections 10 to1 2 of Contemptof Courts Act 1971 praying that in the circumstances stated in theaffidavitfile hereinthe High Court may be pleased to punish the respondents for the Contempt ofCourt forwillful disobedience of the orderspassed by the Court in WP No.30557 of 2023 dated 2.11.2023.
For the Petitioner : Sri R.A.Achuthanand,Advocate
for the Respondents: SriSiddhardha Rao, Standing Counsel
The Court made the following:ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
ContemDt Ca se No.1511 of 2024
ORDER
This Contempt Case is filed alleging willful inaction and dlsobedience to the order dt.02.i1.2023 passed by this Court in W.P.No.30557 of 2023.
T
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assistance of the local police authorities had removed the kiosk existing on the footpath/road margin. In support of the above contention, learned counsel for the respondents has placed before this Court the communfcation dt.12.L2.2023 addressed to the Deputy Commissioner of Police, Ees_!- Zone, Hyderabad, as well as photographs showing the respondents-authorities removing the kiosk from the footpath/road margin, on 18.72.2023,
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this Couft, much less having shown disobedience to the orders of this
Court, making them liable to beproceeded against under the Contemptof
Courts Act.
B Accordingly, the Contempt Case is closed. No costs.
Sd/. M. RAMANA KRISHNA
DEPUTYREGISTRAR
//TRUE COPY//
SECTIONOFFICER
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HIGH COURT
DATED:231812024
ORDER
CC.No.1511 of 2024
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CONTEMPT CASE IS CLOSED, NO COSTS
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2 issues framed by the court
Whether respondents committed contempt under Sections 10 to 12 of the Contempt of Courts Act 1971 for failing to remove a kiosk entirely in its entirety as ordered.
Whether the removal of a kiosk by authorities with police assistance pursuant to a previous writ order absolves them of liability for willful disobedience.
1 provisions across 1 enactments
Osmangunj Extension Cooperative Housing Society Ltd. rep by Goverdhandas Tapadiya and Narayanlal Vyas
Amrapali Kata
S. Vidhyadhar
Syed Sayeeduddin
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
