For a finding of contempt under the Contempt of Courts Act, there must be clear evidence of willful and deliberate violation of a court order, which was not established in this case.

ORDER :

Heard Sri C. Naresh Reddy, learned counsel appearing for the petitioner and Sri M. Ram Mohan Reddy, learned Standing Counsel appearing for respondents. Perused the record.

2 . This Contempt Case is filed alleging willful and deliberate violation of order dated 06.09.2021 in W.P.No.17505 of 2021.

3 .Petitioner filed W.P.No.17505 of 2021 to declare the action of the respondents therein in trying to dispossess the petitioner, his family members / brothers from their land, as illegal. Learned Standing Counsel appearing for respondent-Municipality submitted that Municipality will take action against the petitioner, in accordance with law and by following the procedure laid down under law. Considering the said submission, this Court, vide order dated 06.09.2021 disposed of the said writ petition, directing respondent No.2 therein to take action against the petitioner / his family members, in accordance with law and pass appropriate orders after putting the petitioner and other interested parties on notice and after hearing them. Till the exercise is completed, respondent Nos.2 and 3 therein are directed not to dispossess the petitioner and his family members / brothers from the land admeasuring 3365 Sq. yards with buildings constructed bearing H.No.1-5-42, situated near Kuravi Gate, Mahabubabad village, mandal and district.

4 . According to the petitioner, on 14.08.2024, respondents came to the subject property, damaged the gate and compound wall of the petitioner, which is in existence from decades and tried to dispossess the petitioner from the subject property. Petitioner immediately once again informed about the aforesaid order to the respondents and also submitted a representation. Therefore, according to the petitioner, respondents violated the said order willfully and deliberately.

5 . Respondent No.1 filed counter contending that pursuant to the transfer order dated 13.02.2024 he joined as Commissioner in Mahabubabad Municipality only on 15.02.2024. His office has not received any communication about disposal of the said writ petition and copy of the said order is not available in the file. Therefore, he is not aware of the said writ petition. There is no service of copy of order on the respondents.

6 . They have received a representation dated 02.04.2024 from one Mr.Sunkari Appa Rao requesting the officials of the Municipality to take action against the petitioner and one Mr.Vallapu Upender with regard to construction of gate occupying the public land. They approached the respondents Municipality couple of times with a request to take action. On receipt of the said representations, officials of Municipality visited the subject property on 14.08.2024 and removed the gate. On the said date, petitioner was not present at the site. He came to know the said fact through their neighbours. Then, he brought to the notice of respondents about the order passed by this Court on 06.09.2021 in W.P.No.17505 of 2021. Till then, respondents were not aware of the said order passed by this Court. Thus, according to the respondents, their authorities went to the subject property to remove the gate, but the same was restored without damaging the gate. There was no compound wall. It is only an open plot and no construction took place in the said area. It is further stated that in compliance with order dated 06.09.2021, they have issued notices, conducted hearing and passed orders dated 17.09.2024 directing the petitioner to remove the gate erected in 20 feet wide road within 7 days from the date of receipt of a copy of the said order, failing which action will be taken, in accordance with law.

Therefore, according to the respondents, they never violated the order under Contempt Case, much less, there is willful and deliberate violation. The said counter was filed on 18.10.2024.

7 . During the course of hearing, learned counsel appearing for the respondents brought to the notice of this Court that petitioner filed a writ petition vide W.P.No.262