Telangana High Court
Hussain Ali vs Sri Veerabrahamaih on 19 February, 2020
Author: Raghvendra Singh Chauhan
Bench: Raghvendra Singh Chauhan, A.Abhishek Reddy
HIGH COURT FOR THE STATE OF TELANGANA
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
CONTEMPT CASE No.760 of 2019
19.02.2020
Between:
Hussain Ali
... Petitioner
and
Sri Veerabrahmaiah and another
...Respondents
Counsel for the appellant : Ms. Vladimeer Khatoon
For
Mr. K. V. Raghuveer
Counsel for the respondents: Mr. S. Sharath Kumar,
Special Government Pleader
The Court made the following:
HCJ&AAR,J
2 C.C.No.760 of 2019
ORDER:(Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The present contempt petition has been filed, ostensibly, on the ground that the order, dated 28.06.2018, passed by a learned Coordinate Bench in W.A.No.866 of 2018, has not been complied with by the alleged contemnors.
By the said order, the learned Coordinate Bench had directed the Enquiry Officer merely to concentrate on a single issue, namely the present Managing Committee dug the bore well and constructed the Security Room at the site of the Society without permission of competent authorities incurring an expenditure of 10.00 lakhs and the security room was demolished by the GHMC authorities.
Mr. S. Sharath Kumar, the learned Special Government Pleader, submits that, in fact, the enquiry has been concluded by the Enquiry Officer, and the enquiry report has been submitted on 13.11.2019. Therefore, according to him, this contempt petition no longer survives.
However, Ms. Vladimeer Khatoon, the learned counsel for the complainant, submits that there are lacunae left by the Enquiry Officer. Therefore, the order dated 28.06.2018 has not been complied with. Hence, the contempt continues to be made out.
Heard the learned counsel for the parties. A bare perusal of the order dated 28.06.2018 clearly reveals that the Enquiry Officer was directed to enquire into a single issue mentioned hereinabove. Admittedly, the Enquiry Officer has considered the said issue, and has drawn certain conclusions in his enquiry report dated 13.11.2019.
HCJ&AAR,J 3 C.C.No.760 of 2019 Therefore, the order dated 28.06.2018 in W.A.No.866 of 2018 has been complied with. Hence, no contempt is made out. However, in case the complainant is aggrieved by the validity and veracity of the enquiry report, he has remedies available to him.
For the reasons stated above, this Contempt Case is hereby dropped. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall stand closed.
_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 19th February, 2020 JSU HCJ&AAR,J 4 C.C.No.760 of 2019 High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY CONTEMPT CASE No.760 of 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 19.02.2020 JSU