HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.2090 of 2013 Date:20.01.2014 Between:
Yeleru Lakkavaram Mumpudu Niravasithula Sankshema Sangham, Yeleswaram Mandal, Reptd by its President-Banka Appa Rao, S/o Late Appala Swamy . Petitioner And:
P.K.Mohanthy, Chief Secretary, Hyderabad.
. Respondent Counsel for the Petitioner: Sri B.V.Rama Rao For Sri G.Krishna Murthy Counsel for Respondent No.1: GP for GAD Counsel for Respondent No.21: AGP for Irrigation and CAD The Court made the following:
ORDER:
This Contempt Case is filed alleging willful disobedience of order, dated 27.11.2012, in Writ Petition No.30697 of 2012.
This Court by the above-mentioned order directed respondent No.1 to take appropriate decision on the request of the petitioner for allotment of Acs.7.00 of land in Survey Nos.80 and 81 of Eleru Village, with a further direction to respondent No.3 to act with expedition and do the needful for allotment of house sites to the identified beneficiaries. Alleging that the said order has been flouted, this Contempt Case is filed by the writ petitioner.
Dr P.K.Mohanty, the Chief Secretary to Government of Andhra Pradesh and Sri Adithya Nath Das, the Principal Secretary, Irrigation and Command Area Development Department, Andhra Pradesh have filed separate counter-affidavits.
In the counter-affidavit filed by the Chief Secretary, it is, inter alia, stated that in pursuance of the above-mentioned order of this Court, the Government of Andhra Pradesh has issued Memo No.22320/R&R- A2/2013-3, Irrigation & CAD (PW:R&R) Department, dated 06.12.2013, according permission to the Engineer-in-Chief (Irrigation), Erramanzil, Hyderabad, to hand over the extent of Acs.7.00 of land in Survey Nos.80 and 81 to the Revenue Department and allowed the District Collector, East Godavari District, to take over the said land for providing house site pattas to the displaced persons of Yeleru reservoir project. He has enclosed a copy of the said memo to his counter- affidavit.
Sri Adithya Nath Das, the Principal Secretary, Irrigation and Command Area Development Department, has also filed a similar counter-affidavit.
At the hearing, the learned Assistant Government Pleader for Land Acquisition has submitted that following the memo, dated 06.12.2013 i.e., respondent No.2-the District Collector has issued a separate proceeding on 09.12.2013, in pursuance of which, respondent No.9 in the said Writ Petition has taken possession of the land on 27.12.2013 and that the layout is in the process of preparation. She has further submitted that within a month the layout will be prepared and plots will be allotted to the displaced persons under the Yeleru reservoir project.
In the light of the above submissions of the learned Assistant Government Pleader for Revenue and having regard to the steps taken by the Principal Secretary, Irrigation and Command Area Development Department, Andhra Pradesh and the District Collector, East Godavari District, the Contempt Case is closed.
20th January 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY