Sri Anjaneyulu, vs Mohd.Khaleelurrahman Died As Per ...
2021 Latest Caselaw 2216 Tel

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

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

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