M.Venkataiah v. Sri Hanumantha Reddy

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 910 2019 O R D E R:

This contempt case is filed complaining non-implementation of the order dated 11.03.2019 passed by this Court in W.P.No.4813 of 2019.

This Court disposed of the afore-stated writ petition taking into consideration the submission made by the learned Government Pleader that no Award is passed pursuant to the notification issued under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act') with the direction to the respondent to consider the grievance of the petitioner with respect to the compensation.

Today, learned Government Pleader, on instructions, submits that the submission which was made before this Court at that point of time was based on the instructions received from the subordinate officer, who was not aware of the fact that the Award came to be passed as far back as on 04.04.2018. While offering unconditional apology for making a false submission, learned Government Pleader would submit that non-consideration of the objections said to have been filed by the petitioner is only on account of the fact that the Award was passed on 04.04.2018 itself, but not wilful disobedience to the orders of this Court.

Faced with this situation, learned counsel for the petitioner submits that the Award copy may be made available to him. Across the Bar, learned Government Pleader has furnished a copy of the Award to the learned counsel for the petitioner. Having regard to the developments in the case, the contempt case is closed giving liberty to the petitioner to challenge the Award dated 04.04.2018 by invoking Section 64 of the Act before the appropriate authority, who, in turn, shall consider the same on condonation of delay, taking into account the fact that the petitioner was prosecuting the writ petition as well as the contempt case before this Court, while computing limitation under Section 14 of the Limitation Act.

Miscellaneous petitions, if any, pending shall also stand closed.

_________________________ CHALLA KODANDA RAM, J Dt:24.07.2019 kdl