Gangiregula Venkata Rao, Prakasam Dist. And 5 Others v. Shaik Md. Sabjan, Hyd And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.1145 of 2016 ORDER:

This Contempt Case is filed alleging non-compliance of the order, dated 26.04.2016, passed by this Court in Writ Petition No.14292 of 2016.

Though this Court did not order notice to the respondents, as papers were served on them, respondent No.1 herein - Chief Engineer, Minor Irrigation, Water Resources Department, Hyderabad, filed a counter-affidavit asserting that G.O.Ms.No.2, dated 03.02.2014 is superseded by G.O.Ms.No.34, dated 02.03.2016, particularly, making G.O.Ms.No.2 inapplicable for Neeru-Chettu works. He further asserts that the work of Yarragudipadu tank of Cheemakurthy Mandal was closed on 08.10.2015 and no work was carried out thereafter and as a matter of fact, no work was sanctioned by the District Collector during 2016-17. He further asserts that the de-silting work of Gadiparthipalem, Pallamaali and Manchikalapadu tanks were stopped on 06.05.2016. He also asserts that fake photographs are filed by the petitioners and that dates have been encrypted manually by the petitioners as per their desire.

There is no reply affidavit filed by the petitioners denying the specific assertion of the first respondent that G.O.Ms.No.32 has superseded G.O.Ms.No.2. In view of the same, it can be said that the assertions of the first respondent on oath go un-rebutted. It is to be noted that though at the outset, liberty was given to the petitioners to implead the parties, who are responsible to implement the order of the Court, it seems, no such effort has been made by the petitioners.

In view of the facts set out above, there is no material before this Court to come to a conclusion that there is violation on the part of the respondents.

In those circumstances, the Contempt Case is dismissed. _________________________ CHALLA KODANDA RAM, J 4th APRIL, 2018.

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