A person cannot be found guilty of contempt of court if they have followed due process of law and acted in compliance with a court order.

JUDGMENT

Battu Devanand, J. - This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 20.10.2020 passed by this Court in W.P.No.19133 of 2020.

2. Heard Sri P. Kameshwara Rao, learned counsel for the petitioner, and Sri V. Vinod K. Reddy, learned Standing Counsel for the respondent and perused the material available on record.

3. The petitioner filed W.P.No.19133 of 2020 against the action of the respondent herein in issuing notice dated 09.10.2020 and trying to demolish the petitioner house/property vide D.No.2-317 situated at Inkollu Village and Mandal, Prakasam District.

4. This Court disposed of the said W.P.No.19133 of 2020 on 20.10.2020, directing the respondent herein to consider the explanation submitted by the petitioner on 12.10.2020 to the notice issued by them on 09.10.2020 in accordance with law and pass appropriate orders within a period of two (02) weeks from the date of receipt of copy of the order and till such time, all the parties are directed to maintain status quo.

5. Learned counsel for the petitioner submits that, inspite of specific direction of this Court vide order dated 20.10.2020, the respondent did not consider the explanation dated 12.10.2020 submitted by the petitioner and intentionally took steps for demolition of the property without following due process of law. It is further submitted that, in view of the arbitrary action of the respondent, the petitioner got issued a notice to the respondent on 18.01.2021 through e-mail and registered post. After receipt of the contempt notice, the respondent came to the land of the petitioner along with his men and machinery and highhandedly demolished the structures.

6. Learned counsel submits that the respondent deliberately flouted the orders of this Court. The failure on the part of the respondent in implementing the orders of this Court would amount to disobedience of the orders of this Hon'ble Court, and, therefore, he is liable for punishment under Sections 10 to 12 of the Contempt of Courts Act, 1971. Complaining the same, the petitioner filed the present Contempt Case.

7. The respondent - Panchayat Secretary filed counter affidavit stating that, aggrieved by the illegal encroachments on public road, a Public Interest Litigation vide W.P.(PIL) No.242 of 2020 was filed and a Division Bench of this Court passed an interim order on 23.09.2020 directing to take immediate measures after noticing such encroachments and take appropriate steps that such encroachments, if any can be removed.

8. The respondent submits that, in terms of order in W.P.(PIL) No.242 of 2020 dated 23.09.2020, the respondent issued a notice to the petitioner on 09.10.2020 and the petitioner submitted his explanation on 12.10.2020. But, without awaiting any order, the petitioner has filed W.P.No.19133 of 2020 which was disposed on 20.10.2020, directing the respondent herein to consider the explanation submitted by the petitioner on 12.10.2020 to the notice issued on 09.10.2020 in accordance with law and pass appropriate orders within a period of two (02) weeks from the date of receipt of copy of the order and till such time, all the parties are directed to maintain status quo.

9. It is further submitted that, the Tahsildar has conducted a survey in terms of the order in W.P.(PIL) No.242 of 2020 dated 23.09.2020 and submitted a report stating that there are about 493 illegal encroachments and as such, the respondent has issued notices to all the illegal encroachers on 28.11.2020 including the petitioner. The petitioner has sent explanation on 28.11.2020 through registered post and the same was received by the respondent on 19.12.2020. Thereafter, having considered the explanation submitted by the petitioner, an order was passed on 08.01.2021 requesting the petitioner to remove the illegal constructions in terms of the order in W.P.(PIL) No.242 of 2020 dated 23.09.2020.

10. The respondent submits that, a contempt case was filed in W.P.(PIL) No.242 of 202