Chandra Lift Irrigation Society v. G.Rajeshwar Rao,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.C.No.1122 of 2016

ORDER

This contempt case is filed complaining willful disobedience on the part of the respondent in implementing the orders passed by this Court in WP No.31264 of 2015, dated 13.10.2015. The writ petition was filed challenging the action of the 4th respondent-Tahsildar, Atchampet Mandal, Guntur District, in handing over the Lift Irrigation Scheme to the 7th respondent though he was not a member of the petitioner-society. During the course of hearing the writ petition, it was noticed that the 4th respondent passed an order on 26.08.2015 entrusting the management of the petitioner-society to the 7th respondent although he has no jurisdiction to pass the said order. When the matter was taken up for consideration, the 4th respondent withdrew the order dated 26.08.2015 vide proceedings dated 12.10.2015 and in view of the same, the writ petition was closed.

Now the present contempt case is filed alleging that in spite of closure of the writ petition, the 7th respondent in the earlier writ petition is running the Lift Irrigation Scheme with the help of the contemnor herein, who has taken the key of the pump house on 11.6.2016.

Now, the contemnor filed counter-affidavit denying his forcible taking of the key of the pump house on 11.6.2016 and running the Lift Irrigation Scheme.

Since the writ petition itself was closed on withdrawal of the order passed by the 4th respondent, it is for the petitioner to take appropriate proceedings, in accordance with law. The present contempt case is not maintainable as no additional order was passed in the writ petition and no direction was granted therein. The Contempt Case is misconceived and it is accordingly dismissed.

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 6th January, 2017 rkk