The Society For Tribal, Dalit , v. Prabhakar Reddy

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY CONTEMPT CASE No.106 of 2016 Between:

The Society for Tribal, Dalit, Minorities and Weaker Section, represented by its President, Ranga Reddy District. ..Petitioner And Mr.Prabhakar Reddy, Special Grade Deputy Collector and Revenue Divisional Officer, Malkajgiri Division, Ranga Reddy District and another ..Respondents Counsel for the petitioner: Mr.J.C.Francis Counsel for the respondents: Government Pleader Revenue (Assignments) (Telangana) for Additional Advocate General (Telangana) The Court made the following:

CVNR, J C.C.No.106 of 2016 ORDER:

After a prolonged hearing of the contempt case, the respondents have agreed to make available plots allotted to the individual beneficiaries, who are the members of the petitioner society, within a period of fifteen days of receipt of the amounts payable under two monthly installments. 2.

When Mr.J.C.Francis, learned counsel for the petitioner, expressed his apprehension on the contents of the notice, dated 26.08.2016, Mr.S.Sharat Kumar, learned Special Government Pleader (Telangana) appearing for the respondents, allayed this apprehension by stating that the said notice is a pro forma notice issued to avoid litigation by the third parties and that both the respondents will abide by the undertaking given by respondent No.1 in para 4 of his affidavit, dated 27.07.2016, which reads as under:

"It is humbly submitted that the individual beneficiaries have to pay the beneficiary contribution in two monthly instalments. This respondent would make available the flat allotted to the individual beneficiary within 15 days of the date of receipt of the second instalment. On an earlier occasion it was submitted on behalf of the Government that the beneficiary contribution is Rs.80,280/- but, in some localities it is less than that, i.e., Rs.67,350/-. In any case the beneficiary is entitled for allotment of the housing unit only on payment of respective cost that too after payment of the second instalment." 3.

Mr.J.C.Francies, learned counsel for the petitioner, has submitted that the members of the petitioner society are willing to accept the offer made by the respondents in the above reproduced para of the affidavit, dated 27.07.2016, of respondent No.1.

4.

In view of the above facts, the Contempt Case is closed, with liberty to the petitioner to approach this Court in the event, the

CVNR, J C.C.No.106 of 2016 respondents go back on their commitment. The learned counsel for the petitioner has submitted that as the time for payment of the first installment is expiring today, the same may be extended by 10 days from today. Accordingly, the first installment is permitted to be paid on or before 27.09.2016.

___________________________ C.V.NAGARJUNA REDDY, J 17th September, 2016 GHN