Point of law: Rule (3) of A.P. Assigned Land (Prohibition of Transfers) Act, 2007 lays down that the District Collector or the authorized Officer, before taking action under Clauses -(a) and (b) of sub-section (1) of Section 4 of the Act, shall issue notices in Form No.1 and Form No.II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provisions of sub-section (2) of Section 3 of the Act.

ORDER :

The writ petitioner in W.P.No.9832 of 2019 is the petitioner in C.C.No.962 of 2020. The W.P.No.9832 of 2019 was filed seeking a declaration that the act of the respondent in not paying the compensation to the petitioner in respect of the land in an extent of Ac.1.89 cents in Sy.No.137/3A and an extent of Ac.2.20 cents in Sy.No.137/3D/1 of Gandrajupalle Village, Gangavaram Mandal, Chittoor District acquired by the respondent authorities under order dated 27.06.2007, as illegal, arbitrary and for a consequential direction to the respondents to pay compensation to the petitioner.

2. This Court on 25.07.2019 passed the following order:

“3. In that view, this writ petition is allowed in terms of the order passed in A.P. Industrial Infrastructure Corporation Limited v. Ramesh Singh’s case and the respondents are directed to take up steps and pay compensation within a period of three months from the date of receipt of a copy of this order. No costs.”

The petitioner now filed the C.C.No.962/2020 alleging that subsequent to the order, the petitioner approached the 3rd respondent on several occasions seeking payment of compensation, but of no use and the respondents have wilfully disobeyed the orders passed by the Court and hence, they are liable for contempt.

3. Notice was ordered to the respondents/contemnors. The 3rd respondent filed counter contending thus:

(a) The Tahsildar, Gangavaram Mandal passed orders vide Roc.A1/128/2007 dated 27.06.2007 in respect of the land in an extent of Ac.1.89 cents in S.No.137/3A and Ac.2.20 cents in S.No.137/3D1 totalling Ac.4.09 cents of Gandrajupalli Village of Gangavaram Mandal resuming the land to Government from the writ petitioner under condition No.17 of D Form patta for public purpose subject to payment of ex gratia to the D form pattadar or her legal representatives. Subsequently, prior to the payment of exgratia, the Tahsildar has observed that there was a violation of condition of D KT patta in respect of the said land and verified the land with reference to its possession and enjoyment on ground and finally observed that except an extent of Ac.0.90 cents, the remaining extent was in possession and enjoyment of five persons as follows:

(b) The Tahsildar took steps for payment of exgratia for Ac.0.90 cents in S.No.137/3D1 in favour of the writ petitioner since she was in possession only to that extent and he stopped payment of exgratia for the remaining extent of Ac.3.10 cents as the said extent was in possession and enjoyment of five others in violation of the assignment.

(c) The Tahsildar passed further orders vide Roc.A1/128/2007 dated 10.04.2008 observing that the Ac.3.10 cents of land was subjected to violation of conditions of grant and resumed the said land to Government under condition No.3 of the grant and handed over the land to the APIIC on 09.06.2008 under the category of land resumed for violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 9 of 1977 treating the same as government dry. The above proceedings became final and not questioned by anybody. In these circumstances, though assignment was made for Ac.4.09 cents in favour of husband of the writ petitioner, however, exgratia was paid to her only in respect of Ac.0.90 cents as she was eligible to that extent only.

(d) The petitioner already filed another W.P.No.37079/2013 and therein filed C.C.No.556/2017 and in connection with the said case she has been paid differential exgratia of Rs.1,52,100/- in respect of Ac.0.90 cents in S.No.137/3D/1 and in the said contempt case also a detailed counter wa