Andhra Pradesh High Court - Amravati
Shaik Mohammad vs Sri G.Veerapandian, I.A.S. on 22 February, 2021
Bench: A V Sai
1
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
CONTEMPT CASE No.2522 OF 2018
ORDER:
Heard Sri P.Sai Prasad, learned counsel for the petitioner
and Sri T.V.S.Kumar, learned Government Pleader for Land
Acquisition for the respondent.
2. This is an application filed under Sections 10 and 12
of the Contempt of Courts Act, 1971, alleging infraction and
violation of the orders passed by this Court on 26.04.2018 in
W.P. No.5468 of 2017. The petitioner herein initially filed W.P.
No.22795 of 2013, assailing the alleged action on the part of the
respondent herein in dispossessing and interfering with his
possession and enjoyment of land admeasuring Acs.4.95 cents
in Sy.No.813-1 of Koduru village, Chilamanthru Mandal,
Anantapur District. The said Writ Petition came to be disposed
of by the composite High Court, vide order dated 05.09.2013,
with a direction to the District Collector, Anantapur District, to
pay ex-gratia/compensation to the petitioner in respect of the
subject land as per G.O.Ms.No.1307 dated 23.12.1993, subject
to revision of such ex-gratia/compensation depending on the
outcome of the judgment of the Hon'ble Supreme Court in LAO-
cum-Revenue Divisional Officer, Chevella Division v. Mekala
Pandu and others1.
3. The information available before this Court reveals
that in pursuance of the said orders of the composite High Court
2004(2) ALD 451 (L.B.)
dated 05.09.2013, the authorities paid an amount of
Rs.16,08,750/- to the petitioner on 04.02.2014.
4. Subsequently, the petitioner herein filed W.P.
No.5468 of 2017, challenging the inaction on the part of the
respondents therein in implementing G.O.Ms. No.259 Revenue
(Assn-I) Department dated 21.06.2016. By way of the said
government order, vide G.O.Ms. No.259 dated 21.06.2016, the
State Government ordered in the following manner:
"(i) Whenever the assigned lands are required for a
public purpose for a project or for alienation to a
Govt. Department or Corporation, the lands shall be
resumed as per conditions of Patta.
(ii) The compensation for the required assigned
lands shall be paid on par with patta lands as per
the provisions of the Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 or any
other L.A.Act in force in the State."
5. The above said Writ Petition bearing No.5468 of 2017
was disposed of by this Court on 26.04.2018.
6. Reiterating the contents of the counter affidavit, it is
stated by the learned Government Pleader that after giving credit
to a sum of Rs.16,08,750/-, which was paid earlier to the
petitioner pursuant to the orders of this Court dated 05.09.2013
in W.P. No.22795 of 2013, the authorities paid an amount of
Rs.32,89,810/-, while arriving at the total amount payable as
Rs.48,98,560/-. The receipt of the said amount is not in
dispute.
7. It is submitted by the learned counsel for the
petitioner that possession of the land was taken on 20.09.2008
and the petitioner herein is entitled for additional market value
and the respondents herein have not paid the said amount.
8. Since the respondent-authorities herein have
substantially complied with the orders passed by this Court, this
Court deems it appropriate to close the present Contempt Case
with a liberty to the petitioner herein to submit a detailed
representation to the respondent herein and other authorities
concerned, furnishing the complete details of his claims and the
amount, if any, payable to him as per law, within a period of
four weeks from the date of receipt of a copy of this order. If any
such representation is made by the petitioner herein, the
respondent shall consider the same and take appropriate
action/pass appropriate orders strictly in accordance with law
within a period of two months thereafter after verifying the
records.
9. Accordingly, the Contempt Case stands closed. No
costs.Miscellaneous Petitions pending, if any, in this case shall
stand closed.
__________________
A.V.SESHA SAI, J
22.02.2021
siva
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
CONTEMPT CASE No.2522 OF 2018
22.02.2021
siva
