THE HON’BLE SMT. JUSTICE T.MADHAVI DEVI CONTEMPT CASE NO. 654 OF 2025

ORDER:

This Contempt Case is filed alleging willful and deliberate disobedience of the directions of this Court in W.P.No.29904 of 2024, dated 19.11.2024 and is seeking punishment for the said disobedience under the Contempt of Courts Act and to pass such other order or orders in the interest of justice.

2. The Writ Petition was disposed of with permission to the petitioner to file an appeal against the order granting building permission to respondents No.5 and 6 before the appellant authority within a period of ten days from the date of receipt of the copy of the order and the appellate authority was directed to consider the same and pass appropriate orders thereon within a period of one month thereafter and till such time, all the respondents were directed to maintain the status-quo obtaining as on the date of the order.

3. Learned counsel for the petitioner has filed the photographs to submit that at the time of granting of the final order, the building was partially completed i.e., only slabs were laid and the walls are yet to be constructed and after the order, instead of maintaining status-quo, the respondents completed the construction of the walls and the house and therefore, there is clear violation and disobedience of the directions of this Court.

4. Learned Government Pleader appearing for the respondent No.1, has relied on the averments in the counter affidavit stating that after the receipt of the copy of the order, he had directed the Inspector of Survey, Survey and Land Records, Medak District, to conduct a detailed survey of land in Survey No.244/1 of Salabathpur Village, Kowdipally Mandal and to submit a detailed report along with the sketch maps and accordingly, a survey was conducted and a report dated 11.02.2025 was submitted with a finding that the respondents No.5 and 6 were constructing their house in Gramakantam Land and not in Survey No.244 as alleged by the petitioner. Further, he filed the copy of the notice dated 25.11.2024 issued to the unofficial respondents to maintain the status-quo as per the directions of this Court. Therefore, according to him, he has followed the directions of this Court and there was no Contempt of Court committed by him and he has also tendered his unconditional apology to this Court if this Court were to be of the opinion that the respondents have committed any mistake.

5. Learned Standing Counsel appearing for the respondent No.4 also relied upon the averments in the counter affidavit to the effect that time and again taken steps to stop the construction work and has never violated the orders of this Court. He also reiterated that the land in construction is Gramakantam Land and not land in Survey No.244.

6. Upon hearing both the parties and after going through the report of the Inspector of Survey, Survey and Land Records, Medak District, to the effect that the construction is being made by the unofficial respondents in the Gramakantam Land and not in Survey No.244 and that panchanama has been conducted and that the petitioner has also participated in the said survey and the survey report was marked to the petitioner, this Court is of the opinion that there is no contempt committed by the respondents. If the petitioner is aggrieved by the said survey report, he is at liberty to challenge the same in appropriate proceedings.

7. Accordingly, the Contempt Case is closed. There shall be no order as to costs.

8. Miscellaneous petitions, if any pending, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 31.07.2025

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