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High Court for State of TelanganaCC/668/2015dismissed no costs

Orsu Reddeppa, v. N. Bharat Gupta,

2015-09-04P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE NO.668 OF 2015 Date: 04.09.2015 Between :

Orsu Reddappa S/o. Venkatappa, R/o. Tanavaddipalle, Mudupulavemula (V), Piler Mandal, Chittoor District .... Petitioner/petitioner And N.Bharat Gupta, the Revenue Divisional Officer/ Sub-Collector, Madanapalle, Chittoor District, Andhra Pradesh and another .... Respondents/respondents 2 & 4 This Court made the following :

HON'BLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE NO.668 of 2015 ORDER:

This Court by order dated 05.12.2014 in W.P.M.P.No.35388 of 2014 in W.P.No.28263 of 2014 directed as under:

"Having regard to the above facts and as evident from the report of Tahsildar, dated 31.12.2012, since it appears there is no dispute regarding entitlement to receive ex-gratia, as an interim measure, 4th respondent is directed to take immediate steps to pay an amount of Rs.2,00,000/- (Rupees two lakhs only) to the petitioner within three weeks from the date of receipt of this order."

2. Alleging that the said amount as directed is not paid, this Contempt Case is filed.

3. In the counter though there is a detailed narration of what has happened, the substance of the stand of the respondents is the amount as directed by this Court was paid to the person by name, Reddappa. In the cause title of the writ petition as well as in the present petition, the petitioner described himself as Orsu Reddappa. As stated by the learned counsel for petitioner, all the three brothers are named as Orsu Reddappa, whereas petitioner is the eldest among them and the amount is paid to the younger brother. In addition to the money paid to the younger brother, the counter affidavit also states that younger brother is the person who is entitled to receive the amount as property belongs to him. The said stand of the respondent is seriously disputed by the petitioner and counsel for petitioner contends that there was manipulation of revenue records in favour of the younger brother of the petitioner. Whether there was manipulation of records

by the younger brother and whether the younger brother was not entitled to receive ex-gratia but illegally received the amount, the petitioner has to work out his remedies in the pending writ petition or in appropriate proceedings. The fact remains that amount was paid to Orsu Reddappa as directed by this Court. In the facts of this case, it cannot be said that there was a wilful and deliberate disobedience by the respondent authorities in paying the money to Orsu Reddappa warranting initiation and continuation of the contempt proceedings. Therefore, contempt case is dismissed. Miscellaneous petitions if any pending in the contempt case shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date: 04.09.2015 kkm HON'BLE SRI JUSTICE P.NAVEEN RAO

CONTEMPT CASE NO.668 OF 2015 Date: 04.09.2015 kkm