Kambham Venkatarami Reddy, vs Sri. J. Shyamala Rao,
2022 Latest Caselaw 1573 AP

                                 1




     THE HON'BLE SRI JUSTICE BATTU DEVANAND

             CONTEMPT CASE NO.1477 of 2021


O R D E R:

This Contempt Case has been filed complaining wilful

disobedience on the part of the respondents in implementing the

order dated 30.07.2018 in W.P.No.31003 of 2017.

2). The said Writ Petition was allowed directing the

Respondent Nos.5 to 7 therein to restore the land of the

petitioner, which they have utilized both for formation of water

canal under Telugu Ganga Project and for maintenance of park

for Kalvikodi protection within four(4) weeks from the date of

receipt of the order; alternatively, the 1st respondent shall

determine through the 2nd respondent the market value of the

subject land as on 12.06.2007, the date of the alleged

resumption, strictly in accordance with the provisions of the

Land Acquisition Act, 1894 and as per the Larger Bench

Judgment in Mekala Pandu's case after notice to the petitioner.

This exercise shall be completed within a period of Eight(8)

weeks from the date of receipt of a copy of that order.

3). Counter affidavit is filed by Respondent No.4 in this

Contempt Case. The remaining respondents did not choose to file

their counter affidavits. In compliance of the notice in Form-1,

the Respondent Nos.1,3,4 and 5 present before this Court.

4) During the course of hearing, the learned counsel

appearing for the respondents submitted that after completion of

the land acquisition proceedings, the principal amount was paid

to the petitioner on 25.10.2021 and after calculating the delay in

making payment, the interest also was paid on 25.03.2022.

Thereby, the total amount of compensation was paid to the

petitioner. The learned counsel for the petitioner also accepted

the payment.

5) At this stage, the learned counsel appearing for

Respondent Nos.1 and 3 brought to the notice of this Court that

Respondent Nos.1,2 and 3 are not parties in the Writ Petition

and as such, impleading them in the Contempt Case is illegal

and contrary to the provisions of the Contempt of Courts Act and

the rules made there under.

6) On careful perusal of the order passed by this Court

in the Writ Petition and the cause title of this Contempt case,

this Court accepting the contention of the learned counsel for

Respondent Nos.1 and 3. Without impleading the concerned

department officers in the Writ Petition, impleading them directly

by name in this Contempt Case is illegal, irregular and effecting

the rights of those officers. We are expressing our anguish

towards the action of the High Court Registry. They numbered

the Contempt Case without proper scrutiny.

7) Having heard the submissions of the learned

counsels and considering the facts and circumstances of the

case, in our considered view, the Respondent Nos.1,2 and 3 are

not necessary and proper parties to this Contempt Case.

Accordingly, Registry is directed to delete the names of

Respondent Nos.1,2 and 3 from the array of respondents in this

Contempt Case.

8) Respondent Nos.4 and 5, who present before this

Court tendered their unconditional apology for the delay caused

in implementing the order of this Court in true spirit. In our

opinion, the unconditional apology tendered by Respondent

Nos.4 and 5 is bonafide and accordingly, this Court is accepting

their unconditional apology.

9) For the reasons stated above, this Contempt Case is

closed against Respondent Nos.4 and 5.

10) For causing inconvenience to Respondent Nos.1 to 3

by impleading them in this Contempt Case, though they are not

parties in the main Writ Petition, the petitioner is directed to pay

costs at the rate of Rs.10,000/-(Rupees Ten Thousand Only) to

Respondent Nos.1 to 3 each within a period of ten(10) days from

today and submit the memo of payment of costs before the

Registrar(Judicial).

Miscellaneous petitions pending, if any, in this case shall

stand closed.

______________________________ JUSTICE BATTU DEVANAND Date:30.03.2022 Note: Issue C.C by 31.03.2022 B/o.

tm

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Contempt Case No.1477 of 2021

Dt.30-03-2022

tm