THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No.1356 OF 2010 Dated: 28.12.2011 Between: Smt. R. Saraswathi … Petitioner And 1. Dr. Sameer Sarma, I.A.S., Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad., and 4 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No.1356 OF 2010 ORDER : This Contempt Case is filed alleging violation of the order dated 14.7.2010 passed by this Court in W.P.No.15277 of 2010. The said writ petition was filed seeking a declaration that the inaction on the part of the respondents 1 to 4 herein in removing the alleged encroachment and illegal constructions made by the 5th respondent on the Southern side of House No. 12-10-587/50/17/E, Indira Nagar, Street No.2, Seethaphalmandi, Secunderabad is arbitrary and illegal. The said writ petition was disposed of by this Court with directions as under: Sri R.Ramachandra Reddy, learned standing counsel for the Corporation under instructions stated that the 1st respondent has already issued a notice under Section 461 of the Hyderabad Municipal corporation Act, 1955 calling upon the 5th respondent to stop the work forthwith failing which the steps would be taken for removal with the police help. Learned standing counsel has also undertaken to ensure that appropriate action would be taken expeditiously in accordance with law. Accordingly, recording the statement of the learned standing counsel, the Writ Petition is disposed of. No costs. This Contempt Case is filed alleging that in spite of the order passed by this Court, the respondents failed to take any steps for removal of the illegal constructions made by the respondent No.5. The Deputy Commissioner of Greater Hyderabad Municipal Corporation, Secunderabad Circle, North Zone, filed a counter-affidavit denying the allegations made in the contempt case and explaining that after receiving copy of the order, initiated against the respondent No.5 by issuing required notices for removal of the unauthorised constructions made by the respondent No.5 on the Southern side of House No.12-10-587/50/17/E, Indira Nagar, Street No.2, Seethaphalmandi, Secunderabad. It is also stated that on 13.10.2010 the balcony portion of the respondent No.5 towards Southern side of the building was removed. The petitioner filed a reply affidavit in which the fact that the balcony portion was removed has not been disputed, however it is contended that the entire building of the 5th respondent was unauthorized and therefore the respondents 1 to 4 ought to have taken steps for removal of the entire building. The learned counsel for the petitioner vehemently contended that the action of the respondents 1 to 4 in not demolishing the illegal constructions would amount to deliberate violation of the order passed by this Court in W.P.No.15277 of 2010. On the other hand, Smt. A. Deepthi, the learned Standing Counsel for the Corporation has brought to the notice of this Court that the respondent No.5 filed W.P.No.25869 of 2010 challenging the notice dated 11.10.2010 issued by the Corporation under Section 636 of the Hyderabad Municipal Corporation Act, 1955 and this Court while issuing Rule Nisi, by order dated 13.10.2010 directed interim stay of all further proceedings pursuant to the impugned notice. Having regard to the facts and circumstances of the case noticed above and keeping in view that W.P.No.25869 of 2010 filed by the respondent No.5 is pending, I am of the opinion that it is not a fit matter for taking up any further enquiry under the provisions of the Contempt of Courts Act. Accordingly, the Contempt Case is closed, leaving it open to the petitioner to seek redressal of his grievance, if any, in W.P.No.25869 of 2010, which is pending. No costs. _____________ G. ROHINI, J. Dt. 28.12.2011 gbs