R Nagamma v. Sri Pradyumna, I.A.S

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.C.No.2290 of 2018 ORDER:

Heard the learned counsel for the petitioner and the learned special Government Pleader, appearing for respondents. 2.

This Contempt Case is filed by the petitioners alleging willful disobedience of the order dt.12.07.2018 in I.A.No.1 of 2018 in WP.No.22861 of 2018.

3.

The petitioners, who had been assigned small parcels of land in Chinnapanduri Village, Varadaiahpalem Mandal, Chittoor District had filed the said Writ Petition questioning action of the respondents in resuming their lands without paying any compensation as per the decision in LAO-cum-Revenue Divisional Officer, Chevella Division, Domalguda, Hyderabad and others Vs. Mekala Pandu and others1.

4.

They had filed I.A.No.1 of 2018 to direct the respondents to ensure that no development activity was carried out on their lands which had been resumed by the respondents, pending the Writ Petition. 5.

On 12.07.2018 after hearing the counsel for petitioners and the G.P. for Land Acquisition, the following order was passed in I.A.No.1 of 2018 :

"... ... since the respondents have taken possession of petitioners' assigned lands without paying any compensation as per the judgment in 1 2004(2) ALD 451 (LB)

MSR,J cc_2290_2018 ::2::

Land Acquisition Officer-cum-Revenue Divisional Officer, Chevella Division, Hyderabad and others vs. Mekala Pandu and others (1 supra), there shall be interim direction as prayed for." 6.

Alleging that the above order was violated and development activity being carried on in spite of legal notice dt.06.08.2018 on the directions of the respondents, this Contempt Case is filed. Some photographs were filed along with the Contempt Case showing the development work was being done in the lands of the petitioners in violation of the orders passed by the Court.

7.

Counter has been filed by respondent nos.3 and 4 denying the said allegation and stating that there was an attempt by the Plant Manager, Apollo Tyres, which Company was later assigned land by the State to carry out development activities, but the respondents stopped the same. It was also contended that there were no reports in the local newspapers also about any such activity.

8.

Having regard to the fact that no clear evidence of violation of the orders passed by the Court is produced by petitioners, I hold that there is no willful or deliberate violation of the order passed by this Court on 12.07.2018 in I.A.No.1 of 2018 in WP.No.22861 of 2018. 9.

Accordingly, the Contempt Case is dismissed. No costs. 10.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 27-12-2018 Ndr/*