M Srinivasa Reddy vs. V Neeraja

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble J K Maheshwari
Case Status:Dismissed
Order Date:16 Oct 2020
CNR:APHC010138212019

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble J K Maheshwari

Listed On:

16 Oct 2020

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Order Text

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

1

CHIEF JUSTICE J.K. MAHESHWARI

CONTEMPT CASE No.277 of 2019

(Taken up through video conferencing)

.. Petitioner.

M. Srinivasa Reddy, S/o M. Venkata Krishna Reddy, Aged about 51 years, Occ: Business, R/o Plot No.14, 4 th lane, Extension Udyoga Nagar, S.V.N. Colony, Guntur Rural, Guntur District, A.P.

Versus

Smt. V. Neeraja, Incharge Sub-Registrar, Stamps & Registrations, Mangalagiri, Guntur District.

..Respondent.

Counsel for the Petitioner : Sri M. Durga Prasad

Counsel for the respondent : GP for Registration & Stamps

ORAL ORDER

Dt: 16.10.2020

On the last two dates viz., 03.09.2020, 09.10.2020 and today, none appeared on behalf of the petitioner.

This contempt case has been filed alleging non-compliance of the order dated 23.01.2018 passed by this Court in W.P.No.45257 of 2017.

By the impugned order, this Court issued the following direction:

"In the circumstances, the writ petition is disposed of directing the 5th respondent to receive the document, if any, presented by the petitioner and take action in accordance with the provisions of the Registration Act. If the 5th respondent cannot register the said document for any reason, he has to make an endorsement to that effect and pass an order in accordance with Section 71 of the Registration Act."

Learned Government Pleader appearing for the respondent has stated by filing counter-affidavit that in terms of the direction issued by this Court, no document has been presented by the petitioner, therefore, the question of non-compliance does not arise, and as there was default on the part of the petitioner, this contempt case is not sustainable.

After hearing the learned Government Pleader for the respondent, and considering the fact that there has been no representation on behalf of the petitioner since last two dates and today, this Court is having no option except to rely on the statement made by the learned Government Pleader appearing for the respondent. The approach of the petitioner alleging noncompliance on the part of respondent, without presenting any document before the respondent as directed by this Court vide impugned order, is not tenable.

Accordingly, this Contempt Case is dismissed. No costs. Rule nisi issued against the respondent shall stand discharged. As a sequel all the pending miscellaneous applications shall stand closed.

J.K. MAHESHWARI, CJ

Nn.

CHIEF JUSTICE J.K. MAHESHWARI

CONTEMPT CASE No.277 OF 2019

Dt: 16.10.2020

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