THE HON’BLE SRI JUSTICE GODA RAGHURAM C.C.No. 12 of 2009 28-08-2009 Oral Order: This contempt case is filed by the petitioner in W.P.No. 5592 of 2007 asserting wilful and wanton disobedience by the respondents of the interim order dated 13-08-2007 in W.P.M.P.No. 7125 of 2007 thereunder. The interim order was issued on the basis of the Government Order dated 03-05-2003. The Government order was issued directing the official respondents to ensure fencing of open spaces or spaces reserved for a park etc., to ensure avoidance of encroachment. W.P.No. 5592 of 2007 is dismissed today on the ground that from the pleadings by the Commissioner and Special Officer, Greater Hyderabad Municipal Corporation (for short ‘the GHMC’), it is apparent that neither the GHMC nor its predecessors – the L.B. Nagar Municipality or the erstwhile Mansoorabad Grampanchayat –are in possession or custody of authentic records relating to approved layouts while certain layouts purportedly approved and signed by the Sarpanch of the erstwhile Mansoorabad Gram Panchayat are in circulation. In such incoherent status of the public records, this Court declined to issue a Mandamus and dismissed W.P.No. 5592 of 2007. For reasons alike as recorded in W.P.No. 5592 of 2007, the factual basis of the Government Order dated 03-05-2003 for implementation of which the interim order dated 13-08-2007 was issued, is now unclear. As the factual basis for the Government Order dated 03-05-2003 is unknown, the interim order of this Court ought not in fairness be executed, as the essential facts are in serious and as yet irreconcilable conflict. For these reasons, the contempt case fails and is accordingly dismissed. The rule is discharged. ____________________ GODA RAGHURAM, J Dated: 28-08-2009 Pvks