Sri Bicha Raju Harikishan Rao v. Sri Jayesh Ranjan

THE HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CONTEMPT CASE No.1682 of 2018 ORDER :

The petitioners in W.P.No.4001 of 2018 are filed the contempt case. In the pending writ petition, this Court on 20.02.2018, passed the following order:

"Heard.

While granting time to the learned Government Pleader for Mines and Revenue, for filing counters, post on 05.03.2018. Meantime, the respondents shall dispose of the present representation of the petitioners pending with them and submit the progress and the meantime, not to permit anybody to lift the sand from the reach/land in question."

2.

The contention in affidavit petition in support of the contempt case is that despite the order supra, the officials working under respondent Nos.1 to 4 are now carrying out the work of laying the road bridge from Janagaon to Tirumalgerry through the patta lands of the petitioners in Sy.Nos.36/A/1, 36/A/2, 36/A/3, 36/A/4 of Manpahad Village, Devuruppala Mandal without issuing any notice or intimating any land acquisition proceedings and under the garb of laying aforesaid road bridge the workers working under respondent Nos.1 to 4 completely lifted the sand by pulling it aside, in violation of the interim order, which is deliberate and willful and liable for contempt under Sections 10 to 12 of the Contempt of Courts Act, 1952.

3.

The counter-affidavit of the respondents show that they stopped lifting of sand and respondent No.2 considered the representation of

the petitioners and passed appropriate orders on 07.06.2018 and informed the same to the petitioners as mentioned specifically in the counter of respondent No.1. Vide proceedings, dated 07.06.2018, in relation to the decasting of sand from the pattalands, the request made for extension of six months period for agreement not considered by the District Level Sand Committee, Jangaon District, for the reasons mentioned therein, and rejected the application for extension of the period for agreement.

4.

Having regard to the above, there is no cause survives to take for contempt against the respondents i.e., the Principal Secretary, Mines, Industry and Commerce Department, Hyderabad; District Collector, Warangal & Chair Person of District Level Sand Committee, Warangal; General Manager (Mining), Telangana State mineral Development Corporation; Assistant Director, Mines and Geology, Warangal; and the Tahasildar, Devaruppala Mandal, named respectively.

5.

Having regard to the above, the contempt case is closed, for no grounds to admit the contempt case from very submission of the learned counsel for the petitioners also.

Miscellaneous petitions pending, if any, shall stand dismissed. ____________________________ Dr. B. SIVA SANKARA RAO, J 8th February 2019 mar