SYED IBRAHIM Vs. E S NAIK

JUDGEMENT

(1.) Alleging willful disobedience of order, dated 11-2-2011, in WPMP No. 4000 of 2011 in Writ Petition No. 3224 of 2011 by the Respondents herein, the present Contempt Case is filed.

(2.) The Petitioner herein is the Petitioner in Writ Petition No. 3224 of 2011, which was filed challenging the action of Respondent No. 1 in ordering demolition of the wall of the Petitioner's house, vide: his order dated 28-9-2010, received by the Petitioner on 10-2-2011 at 5 PM. The Petitioner moved the said Writ Petition by way of a lunch motion on 11-2-2011. Sri P. Raghavender Reddy, learned Standing Counsel for the Gram Panchayat, took notice for Respondent No. 2 i.e., the Executive Officer, Shamshabad Gram Panchayat, and the learned Assistant Government Pleader for Panchayat Raj took notice for Respondent No. 1. While ordering notice to Respondent No. 3 and posting the case to 7-3-2011, this Court directed that the wall of the Petitioner's house bearing No. 3-98, Qazi Gally, Shamshabad, Ranga Reddy District, shall not be demolished.

(3.) In his affidavit filed in support of the Contempt Case, the Petitioner alleged that there is a dispute regarding the wall, forming part of the Petitioner's premises, between him and Respondent No. 3, which has lead to filing of an appeal by the latter before Respondent No. 1; and that by order dated 28-9-2010 passed by Respondent No. 1, which was received by the Petitioner on 10-2-2011, demolition of the wall was ordered. The said order was questioned in Writ Petition No. 3224 of 2011, which came up before this Court in the post lunch session on 11-2-2011 and that the interim order granted by this Court was taken out through telegraphic order besides the Petitioner approaching Respondent No. 1 at about 4-00 PM on the same day and submitting a letter informing him about the interim order. The Petitioner further alleged that Respondent No. 2 and her staff came to his premises on 11-2-2011 at 3-00 PM and when they were preparing for demolition of the wall, his family members have protested by informing them that this Court has granted stay of demolition. However, Respondent No. 2 and her staff have demolished a part of the wall and removed the asbestos sheets forming the ceiling till 7-00 PM. That, in the mean time, the Petitioner, who has taken delivery of the wire order at 6-30 PM, went to the Charminar Telegraphic Office and immediately sent the same to Respondent Nos. 1 to 3 (respondent No. 3 was subsequently deleted from the array of parties). It is further alleged that on 12-2-2011 Respondent No. 2 and her staff again came; and that despite showing the telegraphic order of this Court, Respondent No. 2 has refused to receive the same and instructed the officials of the Gram Panchayat to demolish the wall and take away the dismantled material through Gram Panchayat tractor. Then he immediately approached the RGIA Police Station and requested the Police to register a case against Respondent No. 2 and her staff, but the Police refused to entertain the same. The Petitioner further alleged that on 14-2-2011 at about 12 Noon, Respondent No. 2 again came along with her staff in a car bearing No. AP 9 BD 3455 to his premises and demolished rest of the wall by 2-30 PM. The Petitioner has, accordingly, alleged that despite having clear knowledge about passing of the interim order of stay of demolition by this Court, Respondent No. 2 has got the wall demolished, and, thereby, she, along with Respondent No. 1, committed serious violation of the order of this Court.