LAWS(APH)-2010-10-71

ST JOSEPHS EDUCATION SOCIETY Vs. JOGAIAH

Decided On October 05, 2010
ST.JOSEPH'S EDUCATION SOCIETY Appellant
V/S
JOGAIAH Respondents

JUDGEMENT

(1.) This Contempt Case arises out of the order dated 15-6-2009 in W.P. No. 9225/2009.

(2.) The petitioners herein filed the said Writ Petition for a mandamus to declare the action of the police including respondent No. 1 herein, who was impleaded as respondent No. 6, in interfering with the day-to-day affairs of petitioner No. 1-Society and the schools which are being run by it at the instance of a person by name U. Gregory Reddy (respondent No. 7 in the Writ Petition) as illegal and arbitrary. In that Writ Petition, the learned Assistant Government Pleader for Home, on instructions from the respondent herein, stated before the Court that the Police are not interfering in the civil disputes between the petitioners and respondent No. 7 in the Writ Petition. The said statement of the learned Assistant Government Pleader was placed on record and the Writ Petition was disposed of. It was however observed by this Court that the order in the Writ Petition does not preclude the Police from initiating appropriate action on the complaint filed by either party if it discloses commission of any offence. Alleging wilful disobedience of the said order, the petitioners in the Writ Petition filed the present Contempt Case.

(3.) In the affidavit filed in support of the Contempt Case it is inter alia stated that there is a serious dispute concerning the management of petitioner No. 1-Society between petitioner Nos. 2 to 6 on the one side and the said U. Gregory Reddy who is no other than the father of petitioner Nos. 2 to 4 on the other, that there is civil and criminal litigation pending in this regard, that when the Police under the influence of Sri U. Gregory Reddy, was interfering in the civil disputes and registering false criminal cases, the petitioners have filed W.P. No. 9225/2009. It is further averred that Sri U. Gregory Reddy called for a General Body Meeting to be held on 20-3-2010 at 2.30 p.m. at St. Joseph's Public School, King Koti, that petitioner Nos. 2 to 4 who are Members of the Society went to the Meeting venue to attend the meeting and that the Police force which was already present with about 20 Constables headed by Sub-Inspector Sri N. Janardhan Rao of Narayanaguda Police Station, tried to stop the petitioners from entering the school premises, that when the petitioners had somehow managed to enter the Meeting Hall, the Police have even come to the Meeting Hall and threatened them to leave the Hall in order to prevent them from participating in the General Body Meeting, at the instance of Sri U. Gregory Reddy. The petitioners have thus alleged that the respondent, in collusion with U. Gregory Reddy, has deliberately and intentionally violated the undertaking given to this Court not to interfere in civil disputes, by deploying Police force and prevented the petitioners from participating in the General Body Meeting. In support of the petitioners' allegations, they have filed copies of photographs showing the presence of Sub-Inspector of Police and some Constables in a Hall.