High Court for State of TelanganaCC/355/2024closed no costs

Smt. Yakoob (Yakub) Bee v. Adrash Surabh

2024-10-18C.V. Bhaskar Reddy7 pages

[ 32e6 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWFNTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY CONTEMPT CASF NOS: 446 AND 355 OF 2024 I CONTEMPT CASE NO.446 0F 2024 TheContemptCasefiledunderSectionsl0tol2ofContemptofCourts Act 1971 praying that in the circumstances stated in the affidavit file herein the High court may be pleased to summon the Respondents/contemnors herein for deliberate, willful and intentional disobedience in implementing the orders of the Honourable High court dated 26106t2008 passed in w.P.No.9173 of 2008 and punish them for committing contempt of the said order u/sec,'l0 to 12 of the Contempt of Courts Act, 1 971 .

Between:

Smt. Shaik Yakub Bee, Wo Shaik Lal Bahadur, .{Oq, 0+ .years' Occ' Ho,.u*it", R/o H.No-4.2-156, Near Mamatha.Medical College, Khanapuram rf iu"ii, kn"rram Urban Mandal, Khammam City and District'

...Petitioner

AND

1. Mr.V.P.Gowtham, The District Collector, Khammam District' 2.Mr.T.Swamy'TheTahsildar,KhammamUrbanMandal'KhammamDistrict. ...ResPondenb l I i

lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the possession and enjoyment of the petitioner over her landed property to the extent of Ac.0-33 gts in sy.n.88/c situated at Pakabanda of Khammam Urban Mandal, Khammam District within the limits of Khammam Municipal Corporation, pending disposal of the above Contempt Case in the interest of justiceCounsel for Petitioner: Sri K. Anil Kumar Counsel for RR1&2 . GP for Revenue Counsel for R2. Sri. P.

Sridhar Rao (SC FOR KMC) CONTEMPT CASE NO: 355OF 2024 Petition under Sections ',0 to 12 of Contempt of Courts Act '1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to summon the Respondents/Contemnors herein for deliberate, willful and intentional disobedience in implementing the orders of the Honble High Court dated 17-03-2023 passed in W.P.No.37'10 of 2021 and punish them for committing contempt of the said Order u/Sec. 't 0 to '12 of the Contempt of Courts Act, 1 971 .

Smt. Yakoob (Yakub) Bee, Wo Shaik Lal Bahadur, Age 64 years, Occ Housewife, R/o H. No. 4- 2- 156, Near Mamatha Medical College, Khanapuram Haveli, Khammam Urban Mandal, Khammam City and District.

...Petitioner

AND Adrash Surabh, The Commissioner, Khammam Municipal Corporation, Khammam City and District.

...Respondent / Respondent No.2 in WP

situated at Pakabanda of Khammam Urban Mandal. Khammam District within the limits of Khammam Municipal Corporation pending disposal of the above Contempt Case in the interest of justice.

Counsel for the Petitioner(s): SRI Anil Kumar Kummaragunta Counsel for the Respondents: SRI P. Sridhar Rao (SC FOR KMC) The Court made the following Common Order:-

I THE HON'BLE SRI JUSTICE C.V.BHASKAR RI)DDY CONTEMPT CASE NOS.355 AND 446 OF 2024 COMMON ORDER:

Since the petitioners in both these contempt cases are one and the same, they are heard. together and being disposed of by this common order.

Contempt Case No.355 of 2024 is filed alleging violation of the order dated 17.O3.2O23 passed by this Court in W.P.No.37l0 of 2O2l and Contempt Case No.446 of 2024 is filed alleging violation of the order dated 26.06.2O08 passed by this Court in W.P.No.9173 of 20O8.

This Court, vide order, dated 17.03.2O23 in W.P.No.371O of 2O2l directed respondent No.2 therein not to interfere with the possession of the petitioner's land admeasuring Ac.0-33 guntas in Sy.No.88/C situated at Pakabanda, Khammam Municipal Area of Khammam District, in any manner, without following due process of law and if the petitioner's land is required for public purpose, the same shall be acquired by initiating appropriate action under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, I

Rehabilitation and Resettlement Act, 20 13 (for short "the Act, 2013").

This Court, vide order, dated 27 .06.2008 in W.P.No.9773 of 2008 disposed of the writ petition recording the submission of the learned Assistant Government Pleader for Revenue that the respondents therein are not interfering with the possession and enjoyment of the petitioner over the land in question. 5.

When the respondents are interfering with the peaceful possession of the petitioner without initiating the proceedings under the provisions of thc Act, 2013, the petitioner has hled these contempt cases.

It is the case of the respondents that the land admeasuring Ac.0-33 guntas in Sy.No.88/C situated at Pakabanda, Khammam Municipal Area of Khammam District, has been acquired by the respondents under the provisions of the Land Acquisition Act, 1894 and after passing award No.87 of 1979 compensation also paid to the pattadars of the land. 6.

The dispute is with regard to the identification of the property which is in possession of the petitioner i.e., land admeasuring Ac.O-33 guntas in Sy.No.88/C situated at lakabanda, Khammam Municipal Area of Khammam District t

guntas and the property claimed and vested with the Government, which is an extent of Acs.2-04 guntas. 7.

In view of the same, this Court is of the opinion that the ends of justice would be met, if the Tahsildar, Khamrrram Urban Mandal, Khammam District, is directed to conduct survey of the lands acquired by the Govemment and the lands purchased by the petitioner, after issuing notices to all the interested persons in terms of the various circulars issued by the Commissioner, Survey, Settlements and Land Records, from time to time and fix the boundaries. Till survey is conducted, the respondents are directed to maintain status quo obtaining as on toclay. 8.

With the above observations, both the contempt cases are closed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in these contempt cases shall stand closed.

Sd/. I. NAGA LA HMI DEPUTY REGI RAR //TRUE COPY// SiECTION OFFICER \ To, 1 . Two CCs to the G.P. for Revenue, High Court for the State of Telangana, Hyderabad [OUT].

2. One CC to SRI Anil Kumar Kummaragunta, Advocate tOpUCl

3. One CC to SRI P. Sridhar Rao (SC FOR KMC), Advocate [OpUC]

4. Two CD Copies VC'/gh +e

HIGH COURT DATED:1811012024 T S ArG, ( c { I IE 1 I O o'

;t Dt COMMON ORDER CC.Nos.355 AND 446 ot 2024 CLOSING THE CONTEMPT CASES WITHOUT COSTS -rbfb , w#