G.Gopal, v. Sri Br. Meena

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Contempt Case No.171 of 2013 ORDER:

Neither is the learned counsel for the petitioners present nor is there any representation on his behalf.

The order, violation of which is alleged in this Contempt Case, is the order passed in W.P.M.P.No.48205 of 2012 in W.P.No.38010 of 2012 dated 14.12.2012, whereby status quo as on the date of the order, with regards an extent of Ac.3.25 guntas in Survey No.191 of Jammigadda, Kapra Municipality, Keesara Mandal, was directed to be maintained until further orders.

In the said order, this Court noted the contention of the petitioners that the respondents were seeking to evict them from their private land of Ac.3.25 guntas in Survey No.191, and the contention of the learned Government Pleader for Revenue that, while an extent of Ac.3.25 guntas in Survey No.191 was private patta land, the petitioners were prevented from encroaching upon Government land in Survey No.199, to an extent of Ac.0.20 guntas, which had been allotted for construction of a Primary Health Center. In the counter affidavit filed in the Contempt Case, the 3rd respondent has stated that the land in Survey No.199 belongs to the Government, and was allotted to a Primary Health Center; he had not interfered with the patta land in Survey No.191; and he had never violated the order of this Court.

As the Primary Health Center has been constructed in Survey No.199, and not in Survey No.191, it is evident that the respondents have not violated the orders of this Court, much less wilfully and deliberately. I see no reason, therefore, to proceed against the respondents under the Contempt of Courts Act. The Contempt Case is, accordingly, closed. Contempt Applications, pending, if any, shall also stand closed. There shall be no order as to costs.

______________________________ RAMESH RANGANATHAN, J 13th November 2015.

JSU THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

Contempt Case No.171 of 2013 Date: 13.11.2015 JSU