Smt.Budi Uma Devi, Hyd And Another v. R.V. Karnan, Adilabad Dist.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY C.C.NO.1749 OF 2017

O R D E R

This court by order dated 24.08.2016 in W.P.No.25099 of 2016, directed the District Collector to consider the application said to have been made by the petitioners on 23.02.2015 seeking regularization of their occupation in the subject property, and pass appropriate orders in accordance with law. Alleging violation of the said order by the respondent, the present contempt case is filed. The respondent - District Collector, Mancherial District, filed counter affidavit and stated inter alia that in pursuance of the order of this court, he has issued memo in proceedings No.B3/90/2017 dated 12.07.2017 stating that the claim of the petitioner for regularization of the subject property cannot be considered, as the petitioners have not filed any application under the relevant Government Orders.

The learned Assistant Government Pleader for Revenue submits that as the respondent has issued proceedings dated 12.07.2017, there is no violation of the order of this court and if the petitioners are aggrieved by the said proceedings, they can challenge the same in accordance with law. Learned counsel for the petitioners submit that petitioners made application on 23.3.2015 and the respondent vide letter dated 1.5.2015 sought clarification from the Government for implementation of G.O.Ms.No.765 dated 21.06.2008 and now he cannot reject the claim of the petitioners on the ground that petitioners have not filed any application seeking regularization under the relevant G.Os. Therefore, he contends that the impugned order cannot be constructed as compliance of the order of this court, in true spirit. In pursuance of the orders of this court, respondent issued proceedings dated 12.07.2017. The validity of the said proceedings, cannot be gone into in

the contempt case. In view of the proceedings dated 12.07.2017, I do not find any violation of the order passed by this court. The contempt case is accordingly dismissed.

However, it is always open for the petitioner to challenge the proceedings dated 12.07.2017 in accordance with law.

Miscellaneous petitions pending, if any, shall stand closed. -------------------------------------------------- A.RAJASHEKER REDDY,J DATE:13-03-2018 AVS