THE HON'BLE Ms. JUSTICE G.ROHINI CONTEMPT CASE NO.604 OF 2011 Date: 11.08.2011 Between: Sri Sai Samsthan Charitable Trust. ... PETITIONER AND V.N.Vishnu ...RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI CONTEMPT CASE NO.604 OF 2011 O R D E R : This Contempt Case is filed with a prayer to punish the respondent for alleged violation of orders passed by this Court in W.P.M.P.No.16628 of 2011 in W.P.No.13708 of 2011, dated 30.04.2011. The petitioner herein filed W.P.No.13708 of 2011, seeking a declaration that the action of Greater Visakhapatnam Municipal Corporation (for short, ‘the Corporation’) in seeking to dispossess the petitioner from ‘Lendi Vanam’, ‘Ghosala’ and ‘Chavidi’, situated at East Point Colony, Chinawaltair, Visakhapatnam by demolishing the structures standing thereon, without any notice and opportunity of hearing, is arbitrary and illegal. This Court while issuing Rule nisi by order, dated 30.04.2011 in W.P.M.P.No.16628 of 2011, directed the Corporation not to dispossess the petitioner from the property in question without following due process of law. It is alleged in the Contempt Case that in spite of the said order passed by this Court, on 05.05.2011 after the office hours, one Mr.Laxman Rao, Assistant City Planning Officer along with unsocial elements entered into the premises and damaged the property. It is also alleged that the men looking the Goshala were beaten and the cows were driven away from the site. Hence, the Contempt Case to punish the respondent under the provisions of Contempt of Courts Act, 1971. The respondent filed counter-affidavit denying the allegations made by the petitioner. The allegation that on 05.05.2011 and 06.05.2011, the Assistant City Planning Officer along with other officials damaged the property in question and the further allegation that the respondent officials indulged in beating the men looking the cows and drove away the cows have been categorically denied. The petitioner filed a detailed reply affidavit disputing the stand taken by the respondent in the counter. As could be seen, the matter involves disputed questions of fact. Moreover, what is alleged to have been violated is only interim order and the main Writ Petition is still pending. In the circumstances, in my considered opinion it is not a fit case to take cognizance under the provisions of the Contempt of Courts Act. Accordingly, the Contempt Case is dismissed. There shall be no order as to costs. _____________ G.ROHINI, J AUGUST 11, 2011 YVL