Pendyala Ram Reddy, v. Neethu Kumari Prasad, I.A.S.,
THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CONTEMPT CASE NO.1473 OF 2016 DATED:10-02-2017 Between:
Pendyala Ram Reddy and another ... Petitioners And Neethu Kumari Prasad, IAS The District Collector, Karimnagar District Collector Complex Karimnagar ... Respondent COUNSEL FOR THE PETITIONERS: None appeared COUNSEL FOR THE RESPONDENT: A.G.P. for Revenue (TS) THE COURT MADE THE FOLLOWING:
CVNR, J CC 1473/2016 ORDER:
This contempt case is filed alleging wilful disobedience of order dt.19.11.2015 in W.P. No.9917 of 2015.
At the hearing, counsel for the petitioners is not present. I have perused the counter affidavit of the respondent. She has inter alia stated in the counter affidavit as under:
"...It is submitted that the Tahsildar, Chigurumamidi has inspected the site and informed that the land of Ac.0.30 Gts. is not cultivated during 20132016 and it seems 'padava'. Further, he has reported that RWS Department has not paid any compensation for laying of pipeline in the applicant's land. In view of the above petition, meeting was conducted with the concerned officials and writ petitioners on 22.08.2016, and instructed the Tahsildar, MAO and AE (RWS) to submit the detailed report on the issue raised during the meeting. As per the instructions, they have submitted detailed report that the cost of cultivation and profit gained for each crop period is estimated at Rs.5,000/- for 10 guntas (area subjected to damage) per crop period and that on humanitarian grounds, even during the drought period 2 crops of paddy is also considered.
So the compensation of the damaged 10 guntas only of land situated in Sy. No.506 for a period of 3 years from 2013-2015 for a total of 6 crops (paddy) at the rate of Rs.5,000/- for 10 guntas, will amount to Rs.30,000/-. The cost of cultivation of paddy annexure is enclosed herewith. Accordingly, the SE, RWS & S, Karimangar has been directed vide this office Lr. No.D3/3851/2016, dated:24.08.2016 to pay compensation of Rs.30,000/- for the loss sustained for four crops during the period 2013-15 as requested by the petitioners, and the said amount was received by the petitioners herein under due acknowledgement. Further, the speaking orders issued to the petitioners also vide this office Letter in No.D3/3851/2016, dated 24.08.2016.
It is submitted that the copy of the orders of the Hon'ble Court was received in this respondent - office on 17.12.2016 & 02.02.2016 and the same has referred for calling reports from SE (RWS) office and my subordinates also failed to inform the specific direction of concluding the enquiry within a period of one month from the date of receipt of copy of the order. However, in pursuance of the orders of the Hon'ble Court, a detailed enquiry has been conducted and the work of retaining wall at Vaagu portion along with refilling the scoured pipeline trench is executed and completed as per the RWS & S Departmental norms and as per the orders of this Hon'ble Court vide agreement No.307/EE/RWS&S/KNR/2016-17, dated 31.03.2016. The grievance of the
CVNR, J CC 1473/2016 petitioners for loss of cultivation and profit gained for each crop is estimated for the damaged Ac.0.10 Gts. Accordingly, the same was released vide cheque No.203622 dated 03.09.2016. The delay in complying orders of the Hon'ble Court is neither willful nor wanton, but only for the reason the orders of the Hon'ble Court have not been brought to my notice in time." The respondent has also filed a copy of speaking order dt.24.08.2016, whereunder compensation of Rs.30,000/- for the loss sustained in respect of four crops during the period 2013-2015 was awarded to the writ petitioners, along with a copy of the Demand Draft for the said amount and a receipt showing receipt of the payment. The respondent also filed photographs showing that the retaining wall was constructed in order to make the land fit for cultivation. This Court places its appreciation for the action taken by the respondent to implement the order of this Court in its letter and spirit. The contempt case is accordingly closed.
_______________________ C.V. NAGARJUNA REDDY, J 10-02-2017 bnr