HON’BLE SRI JUSTICE K. LAKSHMAN CONTEMPT CASE No.933 OF 2023

ORAL ORDER

None appears for the petitioners.

2. Heard Ms. Tekuri Swetcha, learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.

3. This contempt case is filed alleging willful and deliberate violation of the order dated 02.01.2023 in W.P. No.46761 of 2022.

4. Vide the aforesaid order, this Court disposed of the writ petition granting liberty to the petitioners to submit appropriate application with respondent No.2 therein with a request to cancel the proceedings dated 05.07.2019 of respondent No.3 therein and on filing such an application, respondent No.2 therein i.e., District Collector, Wanaparthi District, shall consider the same and pass appropriate orders strictly in accordance with law by putting the petitioners and respondent Nos.6 to 9 therein and all other affected parties on notice and affording them an opportunity of hearing. If respondent No.2 is not inclined to accept the request made by the petitioners, he shall assign reason and pass a reasoned order within a period of eight (08)

weeks from the date of receipt of a copy of the said order. According to the petitioners, the respondents herein did not comply with the said order. Therefore, they have filed the present contempt case.

5. Whereas, respondents filed counters separately contending that in compliance with the said order, respondent No.1 has considered the application dated 18.01.2023 submitted by the petitioners in compliance with the order dated 02.01.2023 in W.P. No.46761 of 2022 and rejected the same vide proceedings dated 06.07.2023. He has filed copy of the said rejection proceedings dated 06.07.2023 along with the counter. The petitioners have filed reply to the counter filed by respondent No.3 contending that after filing of the contempt case, respondent No.1 has issued final notice directing the petitioners to attend the case for hearing on 28.06.2023. It is an afterthought. Even the proceedings dated 06.07.2023 passed by respondent No.1 are only to circumvent the order under contempt.

6. Perusal of order dated 06.07.2023 would reveal that respondent No.1 has also assigned specific reasons for rejection of the request made by the petitioners. Therefore, this Court is of the considered view that there is no violation, much less willful and deliberate violation of the order by the respondents herein.

7. To punish contemnor in terms of Section - 12 of the Contempt of Courts Act, 1971, there should be willful and deliberate violation of the order. In the present case, there is no violation of order, much less willful and deliberate violation of the order by the respondents. Therefore, the present contempt case is liable to be closed.

8. The present Contempt Case is accordingly closed granting liberty to the petitioners to challenge the proceedings of respondent No.1 dated 06.07.2023. In the circumstances of the case, there shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the contempt case shall stand closed.

_________________ K. LAKSHMAN, J

28^th March, 2025 Mgr