CA/42/2019 of Smt.K.Radha Bai, Vs Abdul Aziz, on 31 December 2021

IN THE HIGH COURT FORAr HYolltREABhrE [oF ][TELANGANA]

FRIDAY..,TH-E THIRTY FIRST DAY OF DECEI/BERDECEI/BER

DAY OF DECEI/BERDECEI/BERrwo rHousAND AND rwmirv diE,.,"-^rwo rHousAND AND rwmirv diE,.,"-^

PRESENT

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

AND

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CONTE MPT APPEALNO:42 oF 2019

. [contempt ][Appeal ][Under ][section ][19 ][of ]contempt of courts Act against theorder dated 05'08-2019'in cc No. 4s2 of 2018 on ttre dre ot ttre xig-hto;.t"'-'

Between:

Smt.. K..Radha Bai, Tahsildar, Zaheerabad tt/andal, Zaheerabad, Sangareddv District(Medak) ...AppELLANi7 nE3ioliliiEiii"i,i c"c r,ro.. 452 of2018(Medak) ...AppELLANi7 nE3ioliliiEiii"i,i c"c r,ro.. 452 of2018

AND

Abdul Aziz, S/o.Lal Mohd., Aged about 52 years, Occ Business, R/o.H.No.1_5_1 1,(Medak f-lqnumal District [Street, Meena ][Baiar,zahiabad'post ]...RESPONDENT/ [and ][petitionLi ]Mandar, sanqareddv i, tt-N;: Diatrlciisz' ot'zota lA NO: 1F19

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tosuspend the order dated : 05.08.2019 in CC.No. 452 ol 2018, pending disposal ofthe Contempt Appeal.the affidavit filed in support of the petition, the High Court may be pleased tosuspend the order dated : 05.08.2019 in CC.No. 452 ol 2018, pending disposal ofthe Contempt Appeal.

Counsel for the Appellant: SRI C. V. BHASKAR REDDY

Counsel for the Respondent: SRI PRABHAKAR SRIPADA

The Court made the following: ORDER

cHANDRA. SHARMATHE HON'BLI [THE ][C][HIEF][ JUST][ICE]ANDITHN,BLEJUSTICE [N.] 'H

)ONTEMPT [APPEAL ][N][o.][42 ][of ][2OL9]

JUDGMENT:[([ ][t ][the ][Hon'ble ][the Chief ][Justice ][S(1tish ][Chandra ][Shqrnlct)]

The prr sent [contempt appeal ][is ][arising ][out of ][an]order dated [()5.08.2019 ][passed ][in ][C'C'No'452 ]'cf [2018']

The fa:ts of the [case reveal ][that an ][order ][was]passed by tJ Le learned Singte Judge [in ][W.P.No'29627 ][of]2Ol7 on 07.lI.2Ol7 directing [the ][respondents ][therein ][to]consider the representation of the writpetitioner/rt spondent herein within six weeks. Therepresentati rn was considered and an order ["was ]passedon 18.O7.2O l.9. The learned Single Judge in C.C.No.452of 2018 hrs imposed a fine of Rs.500/- upon thecontemnor/ he appellant herein.

It has been stated before this Court that theappellant hz s assumed the charge as Tahsildar (FAC) on05.01.2018 and thereafter she has complied rvith theorder passec by this Court.

In the considered opinion of this Court, as theappellant hz s assumed the charge on 05.01.201g, shehas certainl r complied with the order passed by thisCourt and tl e delay which took place prior to 05.01.201g To, TR-L,j'/

cannot be attributed to the present appellant. Apart frorndirecting disposal of the representation, there was noother order passed by the learned Single Judge.

Therefore, the present Contempt Appeal is allowed.The order passed by the learned Single Judge inC.C.No.452 of 20 18 is hereby set aside. Liberty isgranted to the respondent herein to challenge the orderdated 18.07 .2OL9 by filing a fresh writ petition.

The miscellaneous applications pending, if any,shaLl stand closed. There sha-ll be no order as to costs.

SD/-M.SANTHI VARDHANIJOINT REGISTR.ARL10

//TRUE COPY/i

SECTION OFFICER