HOW TO MOVE MOTION IN A CONTEMPT CASE

Querist : Anonymous (Querist) 27 March 2011 This query is : Resolved
SIR,
I APPROACHED THE HIGH COURT OF AP REGARDING AN ILLEGAL CONSTRUCTION, THE HONOURABLE COURT ISSUED A STAY OF CONSTRUCTION ON 5TH MARCH 2010. BUT AS THE CONSTRUCTION WAS CONTINUING EVEN AFTER THE STAY ORDERS I FILED A CONTEMPT CASE AGAINST THE PARTY WHO HAS BEEN CONSTRUCTING AND THE ZONAL COMMISSIONER AND ACP (TP) OF GREATER HYDERABAD MUNCIPAL CORPORATION FOR NOT STOPPING THE WORK.

ON 5TH JULY 2010 WHEN THE CONTEMPT OF COURT CAME UP FOR HEARING THE ACP (TP) IN HIS COUNTER AFFADAVIT HAS SUBMITTED IN THE COURT THAT THE UNAUTHORIZED CONSTRUCTION WILL BE DEMOLISHED IMMEDIEATELY.

BUT THAT WAS NOT DONE. WHEN I ASKED THE CORPORATION WHY THE DELAY THROUGH AN RTI, THE CORPORATION REPLIED THAT THE PARTY HAS TAKEN A STAUS QUO IN THE 3RD ADDITIONAL CHIEF JUDGES COURT, CITY CIVIL COURTS AGAINST THE GHMC ORDER OF REJECTING THE REGULARIZASTION PROPOSAL. AS THE STATUS QUO HAS BEEN STILL PENDING I ASKED MY LAWYERS TO MOVE A MOTION IN THE HIGH COURT REGARDING THIS.

BUT OUR LAWYERS ARE TELLING US AS THE JUDGE UNDER WHOSE JURISDICTION THE CONTEMPT CASE IS; IS NOW IN THE DIVISION BENCH AND HE IS HARDLY SITTING EVEN ONE DAY AS SINGLE JUDGE AND HENCE THE MOTION CANNOT BE MOVED AT THIS TIME.

I JUST WANT TO KNOW IF THERE IS ANY OTHER WAY TO MOVE THE MOTION

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Devajyoti Barman (Expert) 27 March 2011
Yes, your lawyer is right. Only the judge whose ordered was violated can hear the contempt petition in the High Court and no one else.

Raj Kumar Makkad (Expert) 27 March 2011
Agreeing with Barman, I further advise you to move the motion immediately instead of waiting for appropriate time as the motion shall be clubbed with pending file.

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