IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, N. BALAYOGI, JJ.
S. Tirupathi Rao - Appellant
Vs.
M. Lingamaiah S/o M. Pullaiah - Respondent
Contempt Appeal No. 33 of 2017 & Letters Patent Appeal No. 1 of 2018
Decided On : 16-08-2018
Contempt of Courts Act, 1971 – Sections 10 to 12 – Contempt Case – Order passed by Judge in a Contempt Case under Sections 10 to 12 of Contempt of Courts Act, 1971, (i) punishing Tahsildar, and (ii) also further directing him to effect mutation of name of 1st respondent herein in revenue records, in terms of a final decree passed in Application in C.S. Tahsildar has come up with above Contempt Appeal as well as Letters Patent Appeal, challenging in contempt appeal, punishment imposed upon him and challenging in letters patent appeal, further directions issued – Held, Once entire foundation upon which claim of 1st respondent is built, is found to be shallow, illusory and fraudulent, all orders built upon such foundation, should fall like a pack of cards – Court have not heard of an entire village without any description including survey number and extent being cited as one of the items in a suit for partition and court have certainly not heard of parties alienating indeterminate shares pursuant to a preliminary decree, which also did not cover these items – Court is conscious of fact that Judge, against whose orders present appeals have been filed, did not have benefit of the records in C.S – But court have had the benefit of the records in that suit, since all matters relating to the said suit have been assigned specially to this Bench by the orders of the Hon’ble Chief Justice – Letters Patent Appeal, Contempt Appeal Allowed (Paras 51, 52, 53)
V. Ramasubramanaian, J.
As against an order passed by the learned Judge in a Contempt Case under Sections 10 to 12 of the Contempt of Courts Act, 1971, (i) punishing the Tahsildar, Serilingampalli Mandal, Ranga Reddy District, and (ii) also further directing him to effect mutation of the name of the 1st respondent herein in the revenue records, in terms of a final decree dated 26-12-2003 passed in Application No.1409 of 2003 in C.S.No.7 of 1958, the Tahsildar has come up with the above Contempt Appeal as well as Letters Patent Appeal, challenging in the contempt appeal, the punishment imposed upon him and challenging in the letters patent appeal, the further directions issued.
2. Heard Mr. Sharat Kumar, learned Special Government Pleader attached to the office of the learned Additional Advocate General for the State of Telangana and Mr. Vedula Venkataramana, learned senior counsel appearing for the 1st respondent herein.
Case of the 1st respondent in his W.P.No.1729/2009
3. The 1st respondent herein filed a writ petition in W.P.No.1729 of 2009 on the file of this Court, seeking implementation of an order passed by this Court dated 09-10-2002, in Application No.1146 of 2002 in C.S.No.7 of 1958. The contentions with which he (the 1st respondent in these appeals) came up with W.P.No.1729 of 2009 were, that a civil suit for partition in C.S.No.7 of 1958 was filed by one Smt. Saheb Jadi Sultan Jahan Begum, the daughter of late Nawab Dowlat Bahadur, in respect of the matruka properties, allegedly including a land admeasuring Ac.209.00 guntas in Survey Nos.1 to 49 in Raidurg village, Serilingampalli Mandal, Ranga Reddy District; that a preliminary decree was passed in the suit on 06-04-1959; that the decree holders then executed a deed of assignment in favour of the 1st respondent herein and few others on 01-10-2002 in respect of the land of an extent of Acs.143.00 guntas, forming part of Survey Nos.1 to 37, 39 to 43 and 45 to 49; that the deed of assignment was recognized by this Court and the 1st respondent and others also paid a stamp duty to the tune of Rs.96,82,000/-; that by an order dated 09-10-2002, this Court recognized the said assignment deed, in Application Nos. 1144 to 1147 of 2002 and also directed the Receiver-cum-Commissioner to put the parties in possession of the said land and accordingly, the Receiver-cum-Commissioner delivered the land to an extent of Ac.135.07 guntas in Survey Nos.1 to 7, 10 to 12, 15 to 19, 25 to 28, 30 to 32, 35 to 43 and 45 to 49 under a Panchanama dated 26-02- 2002; that there was also a direction to the Revenue Department to effect mutation in the revenue records; that pursuant to the directions issued by this Court, the Commissioner not only delivered possession of the land, but also filed a compliance report dated 13-12-2002; that thereafter the 1st respondent herein filed an application in Application No.1409 of 2003, seeking a final decree to be passed in C.S.No.7 of 1958; that accordingly this court passed a final decree on 26-12-2003, in respect of land of an extent of Acs.84.30 guntas in Survey No.46 of Raidurg village in Application No.1409 of 2003; that the 1st respondent herein and others also deposited stamp duty of Rs.4,24,450/- for engrossing the final decree on the same; that by an order dated 09-10-2002, passed in Application No. 1146 of 2002, this Court directed the revenue officials to effect mutation in the revenue records; that pursuant to the order passed in Application No.1146 of 2002, the 1st respondent made applications to the Joint Collector on 17-01-2004, 08-06-2006 and 01-05-2008; that the 1st respondent herein also made applications to the Chief Commissioner of Land Administration on 25-05-2004, 13-11-2005 and 19-11-2008; that he also made an application on 01-09-2008 to the Tahsildar; that in spite of repeated applications, the Tahsildar did not effect m
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