Bhav Bhuti Bhai Patel, v. Ms. Swarnalatha,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD CONTEMPT CASE NO.2424 of 2017 ORDER: (per SK,J) This contempt case was instituted alleging wilful disobedience to the order dated 17.10.2016 passed by this Court in LAASMP.No.917 of 2016 in LAAS.No.490 of 2013. By the said order, this Court granted interim stay in relation to the enhancement effected by the Reference Court subject to deposit of 50% of the amount due and payable under the reference order within a time frame.

We are now informed that the order has been complied with and letter dated 28.06.2018 addressed by the Special Deputy Collector, Land Acquisition, Shamshabad, Ranga Reddy District, to the Principal District Judge, Ranga Reddy District, is placed on record in evidence thereof. Perusal of the said letter reflects that in compliance with the order passed by this Court, a sum of Rs.20,50,906/- was deposited by way of a cheque to the credit of the Execution Petition filed in O.P.No.607 of 2004. The letter also contains a tabular statement indicating how the Special Deputy Collector worked out the balance that is required to be deposited towards 50% of the enhanced decretal amount.

Sri Prabharkar Rao, learned counsel representing Sri G.Dhananjai, learned counsel for the petitioners, would however contest the calculation set out in the aforestated letter.

We are of the opinion that any dispute as to quantification of the enhanced decretal amount and in consequence, 50% thereof that is to be deposited, cannot be undertaken in contempt proceedings. If the petitioners have any grievance in this regard, they must necessarily seek

redressal thereof by way of independent proceedings in accordance with law.

Leaving it open to the petitioners to do so, the contempt case is closed as sufficient compliance is demonstrated, albeit with delay. No order as to costs.

______________ SANJAY KUMAR,J _________________ T.AMARNATH GOUD,J Date:02.07.2018 GJ