Taking serious note of GHMC Commissioner not appearing before the court despite a direction in contempt of court matter, Justice Lalitha Kanneganti of Telangana High Court on Tuesday said the top official of the civic body must present himself before the HC on Thursday and explain his stand.
D.S. Lokesh Kumar, who was GHMC Commissioner and recently replaced by D. Ronald Rose, was the second respondent in the contempt of court case filed by a businessman K. Nandu Kumar. On June 12, the judge issued Form-I notices to Mr. Lokesh Kumar, along with GHMC Circle 18 Deputy Commissioner Raviteja and Assistant Town Planner Rajkumar, to appear personally before the bench to explain their stand over the contempt case.
While the other two officials presented themselves before the bench on Tuesday, Mr. Lokesh Kumar did not turn up. Taking a serious exception to the non-compliance of the court’s direction in the contempt case, the judge instructed Mr. Lokesh Kumar to appear before the court on Thursday. The judge noted that not appearing before the HC despite instructions would amount to contempt of court.
The judge said the officer would have to face consequences of contempt of court if the HC orders were not followed. With the government counsel informing the court that Mr. Lokesh Kumar was unable to appear, the judge sought to know why the structure erected by the petitioner on a rented building was demolished on November 13, 2022, despite clear instructions from the HC not to take any coercive steps in the matter.
The judge asked the government counsel what compelled the authorities to demolish the structure on Sunday. “There are clear instructions from the Supreme Court that such demolitions should not be carried out on holidays,” the judge said. The judge wondered if the authorities did not want to follow even the apex court rulings.
The petitioner K. Nandu Kumar, the prime accused in the case of attempting to poach four BRS MLAs, rented part of a building owned by film actor D. Venkatesh in Banjara Hills. Disputes arose between the tenant and the building owner over erecting illegal structures on the said property. While civil suits were pending before the lower courts, both parties moved the HC.
Disposing of the four writ petitions relating to the issue, Justice Lalitha Kanneganti made it clear that neither the tenant or the owner can raise any illegal structures. The judge instructed the authorities to issue notices to both parties and take action within eight weeks. The judge, however, directed the officials not to take any coercive steps in the matter.
Mr. Nandu Kumar filed the contempt case alleging that the authorities demolished his structure on the rented property on Sunday (November 13, 2022) in a hasty manner and sought action against them.
