THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.C.NO.485 OF 2008 ORDER: This contempt case has been instituted complaining that the respondents have deliberately violated the Order passed by this Court on 03-04-2008 in W.P.No.7361 of 2008, by which Order the respondents were directed not to lay the road in the property to the extent of 269 square yards in Sy.No.256, Bagh Hayat Nagar Village, Hayat Nagar Mandal, Ranga Reddy District. It is the assertion of the Petitioner that after the receipt of the Order, which was communicated telegraphically, the respondents have completed the process of laying the road in the interregnum night of 3/4-04-2008. Thus, they have committed contempt by violating the Order passed by this Court. The learned Standing Counsel for the G.H.M.C., has filed a counter affidavit in the matter, sworn to by the Assistant Executive Engineer, Sub-Division No.1, Division No.6, Greater Hyderabad Municipal Corporation, Secunderabad, pointing out that he worked as Assistant Executive Engineer, L.B. Nagar Circle, as on 03-04- 2008. He has pointed out that there was already a road existing in the property and that there was existing drainage system with manholes and the existing W.B.M. (Water Board Macadam) road, was sought to be converted into a pucca road and the said work was taken up on 02-04-2008 and it was completed by the evening of 02-04-2008 itself, where as the telegraphic Order, which was booked at 18:44 hours on 03-04-2008, was, in fact, communicated to the Office at L.B Nagar Circle on 04-04- 2008, by which time the laying of road was completed. The learned Standing Counsel has also produced before me the Measurement Book No.332/07, wherein the works executed from 15-03-2008 have been recorded. At Page No.47, the measurements of this relevant work have been recorded and the details were recorded at Page Nos.47, 48 and 49. I have also verified the measurement book in question and I have also noticed that at Page No.39, some other works were recorded on 02-04-2008 itself. Thus, the recording of the work in question at Page No.47 appears to have been made accurately on 02-04- 2008 itself. I have also checked up the measurements recorded at Page No.50, pertaining to some other works, which were said to have been executed on the same date. All these works were, in fact, have been check measures by the concerned Executive Engineer on 03- 04-2008 and he has recorded that the measurements vide Page Nos.39 to 60 of the said Measurement Book have been check measured by him and signed the same on 03-04-2008. Thus, it is more than clear that the work in question, namely, laying of road, appears to have been executedeither on 02-04-2008 or at any rate by 03-04- 2008 itself, but not later than 03-04-2008, the day on which directions were issued by this Court directing the respondents not to lay the road. In view of the finding now recorded with reference to the Measurement Book No.332/07, pertaining to L.B. Nagar Circle, produced by the learned Standing Counsel for the Greater Hyderabad Municipal Corporation, I do not consider that this is a fit case for taking any further action in the matter. Therefore, I do not consider it appropriate to admit and issue Form No.1 Notice in this contempt case. The contempt case is, accordingly, dismissed. No costs. --------------------------------- Nooty Ramamohana Rao, J mrk 4th November 2009