THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Contempt Case No.462 of 2010 ORDER: This contempt case is filed under Sections 10 and 12 of the Contempt of Courts Act, alleging that the respondents have violated the directions issued by this Court on 05.02.2010 in W.P.No.1961 of 2010. In the aforesaid writ petition, it was the grievance of the petitioner that in spite of the illegal constructions made by the 3rd respondent, no steps were being taken by respondents 1 and 2. On instructions, when it was stated by the learned Standing Counsel appearing for respondents 1 and 2 that already proceedings were initiated by issuing notice under Section 452 of the Greater Hyderabad Municipal Corporation (for short ‘the Act’), the writ petition was disposed of by order dated 05.02.2010 permitting respondents 1 and 2 to take further steps in accordance with law. In the contempt case, it is the grievance of the petitioner that in spite of such observation made by this Court, respondents 1 and 2 are not taking any action for demolition of the unauthorized constructions made by the 3rd respondent. It is submitted by the learned Standing Counsel appearing for respondents 1 and 2 that after disposal of the writ petition, the Corporation issued notice under Section 636 of the Act on 08.02.2010 and also addressed letters dated 15.02.2010 and 07.10.2010 for enforcement of the said notice. It is further stated that at that stage, the 3rd respondent filed O.S.No.754 of 2010 in Civil City Court, Hyderabad and obtained injunction orders by merely impleading the Greater Hyderabad Municipal Corporation authorities. It is to be noticed that in the writ petition, no directions were issued, but an observation was made permitting respondents 1 and 2 to take further steps in accordance with law, pursuant to the notice issued under Section 452 of the Act. Accordingly, respondents 1 and 2 issued notice under Section 636 of the Act and addressed letters, but could not take further action in view of the orders of the civil Court passed in O.S.No.754 of 2010. While it is open to the petitioner to implead himself in the suit pending before the Civil Court, so as to obtain appropriate orders and also in view of the notice issued by the respondents 1 and 2 under Section 636 of the Act, it cannot be said that there is wilful disobedience on the part of the respondents, so as to proceed against them under Sections 10 and 12 of the Contempt of Courts Act. Therefore, the contempt case is closed leaving it open to the petitioner to approach the civil Court. __________ 15.04.2010 JSU THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Contempt Case No.462 of 2010 Date: 15.04.2010 JSU