Item No.15
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
C.A.No.53 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant (respondent No.5 in C.C.No.572 of 2019) is
aggrieved by an order dated 18.10.2019 passed by the learned Single Judge allowing C.C.No.572 of 2019 filed by the respondents (writ petitioners in W.P.No.32428 of 2014) on a grievance that the appellant and the respondents No.1 and 2 in the writ petition had violated the order dated 10.07.2018 passed in W.P.No.32428 of 2014.
2. On 10.07.2018, the court had recorded that the land belonging to the predecessor-in-title of the writ petitioners situated in Survey Nos.201 and 202 of Yenugonda Village, Mahabubnagar Mandal and District, had been acquired under the provisions of the Land Acquisition Act, 1984 for the benefit of the NGOs Cooperative House Building Society (for short 'the Society') and though compensation payable to the writ petitioners had been enhanced by the court, which order was confirmed right upto the Supreme Court, the said amount had not been released by the official respondents. Despite time having been granted to the respondents to deposit the compensation payable to the writ petitioners in the execution proceedings filed by them, the said amount was not deposited. At the same time, it was CA.No.53 of 2019 Page 1 of 3 made clear that till the amount is deposited, the Society or its members will not sell or alienate the plots owned by its members.
3. The grievance raised before the contempt court was that the respondent No.1 did not communicate the aforesaid order to the appellant till 01.10.2018 and being ignorant of the said order, he had permitted registration of two sale deeds in respect of two plots situated in the Society, on 17.12.2018 and 24.01.2019 respectively. Though the appellant had not been impleaded in the contempt petition initially, vide order dated 14.06.2019, he was impleaded as a co- respondent and after hearing the parties, the learned Single Judge had allowed the contempt petition, declared as null and void the two sale deeds dated 17.12.2018 and 24.01.2019 executed in violation of the order dated 10.07.2018 passed in W.P.No.32428 of 2014, imposed costs of Rs.10,000/- on the respondents No.1 and 2 payable to the writ petitioners for the delay in communicating the order dated 10.07.2018 passed in W.P.No.32428 of 2014 to the appellant and further, imposed a fine of Rs.2,000/- on the appellant. In default of the fine, he was directed to undergo simple imprisonment for a period of six weeks.
4. Mr. A. Sanjeev Kumar, learned Special Government Pleader appearing on behalf of the appellant states that the learned Single Judge failed to appreciate that the appellant had not been appraised of the order dated 10.07.2018 by the respondents No.1 and 2 in the writ petition till 04.07.2019 and therefore, he cannot be blamed for violating the order dated 10.07.2018. He further states that the sale CA.No.53 of 2019 Page 2 of 3 deeds in question had been cancelled well before the date of filing the present appeal, on 06.12.2019. Not only that, the compensation payable to the writ petitioners has also been deposited in the execution proceedings.
5. Mr. Praveen Reddy, learned counsel for the respondents/writ petitioners confirms the aforesaid position and states that the compensation deposited in the execution proceedings has been released in favour of the writ petitioners and the execution petitions have been disposed of. He therefore does not wish to oppose the prayer made in the present appeal.
6. For the reasons stated in the present appeal, the same is allowed along with the pending applications, if any. The impugned order insofar as it has imposed a fine of Rs.2,000/- on the appellant and in default thereof, he has been directed to suffer simple imprisonment for a period of six weeks, is quashed and set aside. No order as to costs.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 26.07.2021 JSU CA.No.53 of 2019 Page 3 of 3