The Court dismissed a contempt petition alleging disobedience of an order directing payment of compensation. The Government had subsequently issued an order sanctioning compensation, deemed as substantial compliance, rendering the contempt case redundant.
Contempt case dismissed as redundant; no costs awarded.
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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Contempt Case No.588 of 2009
Dated: 3-11-2009
Between:
C.Narasimha Chary S/o Laxmana Chary Occ: Agriculture and others
….Petitioners
A n d Smt.Janaki R.Kondapi Spl. Principal Secretary, Forest Department, Hyderabad and others
…Respondents
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Contempt Case No.588 of 2009
ORDER:
This contempt case has been filed complaining disobedience of the order dated 12.12.2008 passed in W.P.No.23344 of 2008.
2. Notice before admission has been ordered on 01.05.2009. Respondents 2, 4 and 5 filed counter affidavit. The direction given in the Writ Petition is to pay the compensation as ordered by this Court in C.R.P.No.6432 of 2004 dated 20.09.2007, within four weeks from the date of receipt of a copy of the order.
3. Heard learned counsel appearing for the petitioners and the learned Additional Advocate General appearing for the respondents.
4. Learned Additional Advocate General submit that the Government has issued G.O.Ms.No.90 Environment, Forests, Science and Technology (FOR.1) Department, dated 16.09.2009 sanctioning Rs.38,04,590.70 paise (Rupees thirty eight lakhs four thousand five hundred ninety and seventy paise only) as cash compensation in lieu of the land taken out from the possession of the writ petitioners.
5. A copy of the said Government Order is also placed on record. Such being the situation, I am of the view that it amounts to substantial compliance of the directions given by this Court in Writ Petition 23344 of 2008.
6. In that view of the matter, nothing survives in this contempt case.
7. The contempt case is accordingly dismissed as redundant. No costs.
_____________________________ B.SESHASAYANA REDDY, J
Dt. 03-11-2009 RAR
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Contempt Case No.588 OF 2009
DATED : 03-11-2009
1 issue framed by the court
Whether the contempt petition regarding non-compliance of compensation directions is maintainable in light of the Government Order issued.
C.Narasimha Chary and others
Smt. Janaki R. Kondapi and others
B.Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
