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2014 Supreme(AP) 1323

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Kalyan Jyoti Sengupta, Sanjay Kumar, JJ.
T. Madan Mohan Reddy - Appellant
Vs.
B.R. Meena - Respondent
Contempt Case No. 965 of 2013
Decided On: 12.11.2014

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: C.V. Mohan Reddy, Senior Counsel for N.V. Raghava Reddy
For Respondents/Defendant:P. Venugopal, Advocate General (AP), L. Ravichander, Amicus Curiae and P. Vishnuvardhan Reddy, Asst. Solicitor General

Headnote:

Andhra Pradesh Reorganization Act, 2014 - Section 30 - Constitution of India,1950 - Article 231 - Pay compensation - This contempt case was assigned for final hearing by an administrative order of Hon’ble Chief Justice – Typographical - It was accordingly placed in list of this Bench on and this Court had taken up this matter for hearing finally and counsels for parties were heard on that day - However in view of non-availability amicus curiae appointed by Hon’ble Single Judge before whom matter had hitherto been pending by order - As it appears from record Hon’ble Chief Justice passed clarificatory order on administrative side mentioning matter - This Court has resumed further hearing of above case which was partly heard - above judgment and order of Hon’ble single Judge in said writ petition was taken to Division Bench making an attempt to prefer appeal by filing an application for condo nation of delay – Held, However accept alternative argument of Senior Advocate appearing for petitioners that this application may be used as one for implementation of order in respect of which contempt proceedings has arisen - So proceed to do so have noted explanation in counter affidavit that order of Hon’ble Single Judge was passed without consideration of order passed awarding compensation for resumption of assigned land and it is not a case of acquisition of land - According to us respondents cannot take this plea collaterally in this proceedings - Order is still valid and subsisting - Of course this plea if so advised may be taken before Hon’ble Apex Court - At moment petitioners are debarred from raising this plea - It appears that respondents are now bound to proceed with matter for payment of compensation Land Acquisition Act –Petition dismissed (Para 26)

Order

Kalyan Jyoti Sengupta, J.

1. This contempt case was assigned for final hearing by an administrative order of the Hon'ble the Chief Justice dated 2.7.2014. It was accordingly placed in the list of this Bench on 4.7.2014 and this Court had taken up this matter for hearing finally and the learned counsels for the parties were heard on that day. However, in view of non-availability of the learned amicus curiae appointed by the Hon'ble Single Judge before whom the matter had hitherto been pending, by order dated 20.6.2014 hearing of this matter could not progress. We find that there has been a typographical mistake in recording 20.05.2014 as being the date of the order signed by the Hon'ble single Judge, and the same is accordingly corrected as 20.6.2014, for there was no occasion for any Court to take up this matter on 20th May, 2014 as this Court was on summer vacation.

2. As it appears from the record, on 4.7.2014 the Hon'ble the Chief Justice passed clarificatory order on administrative side mentioning the matter (Contempt Case No. 965 of 2013) has to be heard finally by D.B.-I, i.e., this Bench. On 2.7.2014 in terms of the direction of the Hon'ble single Judge, the Registrar (General) produced the desired documents mentioned therein in a sealed cover and that sealed cover was kept on record for further consideration. Today, this Court has resumed further hearing of the above case (C.C. No. 965 of 2013), which was partly heard on 4.7.2014.

3. Before we record the respective submissions of the learned counsel, including the learned amicus curiae, we record the background facts which led to filing of this contempt case.

4. It has been filed in relation to an order passed on 25.9.2012 in W.P. No. 33217 of 2011 whereby and whereunder the Hon'ble Sri Justice L. Narasimha Reddy was pleased to dispose of the writ petition finally, and the operative portion thereof reads as under:

Hence, the writ petition is allowed, and the respondents are directed to pay compensation to the petitioners for Ac. 4.72 cents of land in Sy. Nos. 33/9 & 11 of Kakkalapalli Village, Anantapur District by initiating the proceedings under the Land Acquisition Act. The entire proceedings shall be completed within a period of six months from today.

5. The above judgment and order of the Hon'ble single Judge in the said writ petition was taken to Division Bench making an attempt to prefer appeal [W.A. (SR) No. 86859 of 2013] by filing an application for condonation of delay. However, the said application for condonation of delay was dismissed by order dt. 24.6.2013. Against the aforesaid judgment and order dt. 24.6.2013, the then State of Andhra Pradesh and other officials filed a Petition for Special Leave to Appeal (Civil) No. 29559 of 2013. The Hon'ble the Supreme Court was pleased to pass an order on 27.1.2014 as follows:

Issue notice.

Tag with C.A. No. 9317-9321 of 2012 (Main matter C.A. Nos. 7904-7912 of 2012).

We are informed that the aforesaid Special Leave Petition is still pending. Thus, it is clear from the aforesaid order, no stay of operation of the judgment and order of the Hon'ble Single Judge (Justice L. Narasimha Reddy) was granted. In other words, we can safely conclude for the time being, the aforesaid judgment and order at present is operative.

6. It appears from the records at present the contempt case was filed by the petitioner on 29.4.2013. On 30.4.2013 the Hon'ble Sri Justice L. Narasimha Reddy was pleased to pass an order to the effect as follows:

Issue show cause notice to the respondents, returnable in three weeks. Post after Summer Vacation, 2013.

It appears from the record, from time to time on 14.6.2013, 2.7.2013, 5.7.2013, 8.8.2013 and on 29.4.2014 respectively this matter was taken up for consideration. Then it was placed for further hearing after Summer Vacation in 2014. After Summer Vacation, 2014, His Lordship (Hon'ble Sri Justice L. Narasimha Reddy) took up the matter for hearing on 20.6.2014. In the meantime, counter affidavit was f





























































































































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