HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.C.No.1220 of 2014 Date : 28-8-2014 Between:
Sanjeevani Prakruthi Arogya Seva Samstha, Karimnagar, represented by its President Dr. G.N. Sugunakar Rao and another .. Petitioners And Sri Veera Brahmaiah, District Collector, Karimnagar District .. Respondent Counsel for petitioners : Sri Kasa Jaganmohan Reddy Counsel for respondents :
The Court made the following :
ORDER:
This Contempt Case is filed alleging wilful disobedience of order dated 21-1-2014 in W.P.No.31764 of 2013.
The petitioners have filed the above mentioned Writ Petition assailing letter No.E1/1503/2012, dated 8-10-2013 of the respondent whereby their application for allotment of Government land was rejected on the ground that under G.O.Ms.No.571, Revenue (Assn.I) Department, dated 14-9- 2012, allotment of land to a Non-Government Organisation (NGO) has not been contemplated. This order was set- aside by this Court on 21-1-2014 on the ground that the said reason is erroneous and contrary to the said G.O. This Court held that paragraph No.6 of the G.O.Ms.No.571, dated 14-9-2012, provides for allotment of land in favour of Institutions/organizations and that a NGO falls under the phrase ‘Organisations’. A direction was given to the respondent to reconsider the petitioners’ application in the light of the reasons contained in the said order and pass a fresh order.
After disposal of the Writ Petition, the Joint Collector, Karimnagar has issued proceedings No.E1/1503/2012, dated 1-7-2014 whereby he has rejected the request of the petitioners for alienation of the Government land for establishment of a Nature Cure Hospital on the ground that the land is located on the R&B main road leading from Karimnagar to Jagtial and that the same is within 25 KMs. radius from Karimnagar town. The Joint Collector has also stated that the said land is not only valuable land but the same has been proposed for alienation to the A.P. State Agro Industries Corporation.
Sri Kasa Jagan Mohan Reddy, learned Counsel for the petitioners, stated that while a direction was given to the respondent-District Collector, he has delegated his power to the Joint Collector to pass the order. He has further submitted that the impugned order was passed on the same material on which the previous order of rejection was passed which was set-aside by this Court in the Writ Petition.
A perusal of the order dated 1-7-2014 passed by the Joint Collector, Karimnagar shows that there is a reference to the note order dated 4-10-2013 of the respondent. Presumably, the respondent appeared to have expressed his view based on which the Joint Collector has passed the said order. While this Court could notice that the Joint Collector, in his order dated 1-7-2014, has not even taken care to refer to the order of this Court passed in W.P.No.31764 of 2013, I am not inclined to entertain this Contempt Case for the simple reason that the ground of rejection mentioned by the Joint Collector is distinct from the one on which the petitioners’ application was earlier rejected. Unless the latter order has reiterated the previous ground, the rejection of the petitioners’ application on a different ground does not constitute contempt. In this view of the matter, I do not find any reason to entertain this Contempt Case. However, if the petitioners feel aggrieved by the rejection order dated 1-7-2014 of the Joint Collector, Karimnagar, they shall be free to question the same by availing appropriate remedy.
Subject to the above observation, the Contempt Case is dismissed.
Justice C.V. Nagarjuna Reddy Date : 28-8-2014 AM