Hyderabad: Justice M.S. Ramachandra Rao of the Hyderabad High Court has reiterated that the might of the state must stand behind court orders for the survival of the rule of the court.
The judge was allowing a plea by Anki Reddy and another of Guntur city seeking to declare the action of the municipal commissioner in refusing to grant building permission as illegal.
After noticing that the official has refused permission despite several orders passed by the High Court in an earlier round of litigation with regard to the same land, the judge citing the Apex Court judgments reminded that “incidents which undermine the dignity of the courts should be condemned and dealt with swiftly.”
The judge pointed out that for the survival of the rule of law, the orders of the courts have to be obeyed and continue to be obeyed unless overturned, modified or stayed by the appellate or revisional courts.
The court does not have any agency of its own to enforce its orders. The executive authority of the state has to come to the aid of the party seeking implementation of the court orders. “If the judiciary has to perform its functions, the dignity and the authority of the courts has to be maintained at all stages and by all concerned.” failing which the very constitutional scheme and public faith in the judiciary runs the risk of being lost,” the judge added.
The judge ruled that “I am of the opinion that the adamant and cantankerous attitude adopted by the corporation practically amounts to open defiance/contempt of this court’s earlier orders and deserves to be strongly deprecated.
Rule of law depends on the obedience by the public officials of court orders and repeated disobedience of court orders should be visited with punitive costs to discourage such behaviour.”
While declaring the action of the corporation as illegal, the judge directed it to pay Rs 20,000 to the petitioner, for the vexatious attitude adopted by it. The judge directed the corporation to grant building permission within four weeks and pay costs to the petitioner in three weeks.
