THE HON’BLE SHRI JUSTICE SANJAY KUMAR CONTEMPT CASE NO.461 OF 2013 DATED 24th JANUARY, 2014 Between:
Ponnam Prasad Rao … Petitioner And K.Prabhakar Reddy, The Divisional Panchayat Officer, Nellore Division, SPSR Nellore District, and others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR CONTEMPT CASE NO.461 OF 2013 O R D E R This contempt case was filed alleging violation of the interim order dated 14.02.2013 passed by this Court in WPMP No.5576 of 2013 in W.P.No.4462 of 2013. By the said order, this Court directed the respondents in the writ petition not to interfere with the peaceful possession and enjoyment of the petitioner over the subject land, except in accordance with the due procedure laid down by law. The allegation of contempt arises in the context of the statement of the petitioner that the respondents undertook laying of a road through his land without taking recourse to the due procedure laid down by law.
The District Collector, SPSR Nellore District, filed an affidavit admitting that the alleged road which was sought to be improved passes through the petitioner’s land and that the said land is a patta land. He further stated that the upgradation of this road through the petitioner’s land had been stopped and that the concerned department would not proceed further with the said work in the petitioner’s land except by taking recourse to the due procedure laid down by law.
The statement of the District Collector, SPSR Nellore District, that the upgradation of the road allegedly passing through the petitioner’s land has been stopped is not denied by the learned counsel for the petitioner. Though the petitioner alleges that the upgradation of the said road continued even after the passing of the interim order, there is no acceptable proof of the same. He further submits that the petitioner sustained damage and loss owing to the illegal action of the respondents in interfering with his land. This issue however cannot be looked into by this Court in exercise of contempt jurisdiction. It shall be open to the petitioner to take recourse to the remedies available to him in law for redressal of his grievance as to this aspect.
As the District Collector, SPSR Nellore District, has affirmed that the petitioner’s land would not be interfered with except by taking recourse to the due procedure laid down by law as directed by this Court, the contempt case is closed duly recording the said assurance. No costs.
24th JANUARY, 2014
PGS
------------------------------------- SANJAY KUMAR, J