Ambedkar Farming Society, v. Sri K.Subba Rao

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M. SEETHARAMA MURTI CONTEMPT CASE No.2504 of 2015 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This contempt case was instituted alleging wilful disobedience to the order dated 19.12.2013 passed by this Court in W.A.No.1960 of 2013. By the said order, this Court directed the authorities to consider whether the petitioner society fulfilled the conditions for grant of assignment and take appropriate action thereon. This Court further observed that in the event assignment was made, the same would abide by the result of the pending suit.

The Tahsildar, Ramachandrapuram, presently stationed at Alamuru Mandal, filed a counter-affidavit stating that pursuant to the aforestated order, an enquiry was conducted on 11.02.2014 and 14 members of the petitioner society participated therein. After recording their statements and considering the material available, orders were passed by the Tahsildar on 20.02.2014 rejecting the claim of the petitioner society for assignment of land. A copy of the said order is placed on record. In the light of the aforestated developments, this Court finds no disobedience, much less wilful disobedience, to the order passed in the writ appeal warranting exercise of contempt jurisdiction. In the event the petitioner society is aggrieved by the subsequent order dated 20.02.2014, it has to necessarily seek redressal thereof by way of independent proceedings and the validity of the said order cannot be subjected to judicial review in this contempt case.

The contempt case is accordingly closed leaving it open to the petitioner society to work out its remedies in accordance with law. No order as to costs.

__________________________ SANJAY KUMAR, J ___________________________ M. SEETHARAMA MURTI , J Date:08.09.2016

GJ