Pashya Mangamma And Another v. Srinivasa Rao And 3 Others

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CONTEMPT CASE No.900 of 2019 ORDER:

The first and second respondents are present in person. 2.

This contempt case was instituted alleging willful disobedience to the order dated 15.02.2019 passed in W.P.No.26807 of 2018. By the said order, the Assistant Director, Survey, Settlement and Land Records, Suryapet District, was directed to consider and take appropriate action upon the applications dated 17.04.2018 and 20.07.2018 made by the petitioners for undertaking survey, demarcation and fixation of boundaries on a certain extent of land in Huzurnagar Revenue Village and Mandal, Suryapet District. This exercise was directed to be completed within a time frame. Alleging that the first and second respondents failed to undertake the survey as directed, the present contempt case was filed. 3.

The implead application filed seeking to bring on record two private parties was rejected on 12.07.2019.

4.

The Assistant Director, the first respondent herein, filed a counter wherein he stated that notices were issued on 15.04.2019 to the petitioners and the adjacent pattadars of the land in question calling upon them to be present on 24.04.2019 for survey and demarcation. On the said date, the petitioners were present and the survey and demarcation was conducted. Due to non-availability of tippans, taking into consideration the Village Naksha of Huzurnagar Village, a survey was carried out and the points were demarcated. The land in relation to the petitioners was identified as an extent of Acs.0.15 guntas in Survey No.287 and Acs.4.25 guntas in Survey No.286. It was found that they were not in possession of any land in Survey Nos.288 and 289 of Huzurnagar Village. The other pattadars and persons in possession did not co-operate at the time of the survey and therefore, their lands were not

subjected to any survey operations. The petitioners were stated to have put their signatures in the Panchanama dated 24.05.2019 in proof of their participation in the survey operations. Certified copies of the panchanama and location sketch were communicated to the petitioners on 11.06.2019. The first respondent apologised for the delay in carrying out the survey and prayed for dismissal of the contempt case. 5.

In the light of the averments made in the aforestated counter, the order has been complied with in true letter and spirit. If the petitioners have any grievance with regard to the result of the survey operations, it is for them to take appropriate steps before the competent forum in accordance with law. Leaving it open to them to do so, the contempt case is closed. No order as to costs.

_______________________ SANJAY KUMAR, J Date:16.08.2019 GJ