Dismissed

Sri Chennuri Sudheer, v. Sri S.K.Joshi, I.A.S.

Telangana HC15 Feb 2023CC/1057/2016

Case brief

AI extract

What is this about?

The High Court dismissed two contempt cases filed for violation of earlier orders mandating land acquisition. The court noted that a preliminary notification under the Rfrom 2013 had been published and an errata covering a missed survey number was issued. It closed the cases, directing respondents to complete acquisition and pay compensation within six months before being discharged.

What did the court decide?

Contempt cases closed; petitioners discharged. Respondents directed to conclude acquisition proceedings and pay compensation within six months.

Sri Chennuri Sudheer, Vs Sri S.K.Joshi, I.A.S. — Contempt of Court | Telangana HC (2023)

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I 1 i i i . l I i I i

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMTNENI SUDHEER KUMAR

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CONTEMPT CASE Nos: 601 and 1057 OF 2016

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Contempt Case No.601 of 2016

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Contempt Case under Sections 10 to 12 of Contempt of Courts Act 1g71, to punish the Respondents for wilfully violating the orders passed by this Hon'ble Court dated 02-05-1997 passed in W.P.No. 14274 of 1994.

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Between:

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Bandla Somulu, S/o. Hussain, Agqd about 69 years, . occ : agriculture r/o. Chinthakunta [Mandal, Neredcherla-, Nalgonda Disirtict

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Ambati Bixam, S/o. Bakkaiah Aged about 65 years, occ : agriculture r/o. Chinthakunta Mandal, Neredcherla, Nalgonda Didtrtict

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...Petitioners/Petitioners

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AND

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sri s_.K. Joqh!, |.A.s.,, Q9c1etqry, Govemment of Andhra pradesh (presenfly the state of relenqana) lrrigation and command Area Developmeht Department, A.P. Secretariat, Hyderabad - SOO 022

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sri satyanarayana Reddy l.A.s, District coilector, NalgoMa District

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Mandal, Nalgonda

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. Respondents/Respondents

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Counsel for the Petitioners: SRI S. RAHUL REOOY

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counsel for the Respondent No.l: GP FoR lRRt AND coMM AREA DEV(TG)

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counsel for the Respondents No.2&3: GP FoR LAND AceulstfloN (TG)

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Ft ContemPt Case No.1057 of 2016

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Contempt Case^{under Sections'10to 12of Contempt of Courts Act 1971'} to punish the^{Respondents for wilfullyviolatingthe orders passed by this Hon'ble} Court dated^{02-05-1997 passedin W'P.No-1348211994'}

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Between:

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Sri Chennuri Sudheer,,^{S/o Late Laxminarsimha Rao Aged about 40.years,Occ:} private Employes Ryo Cfrittepally village of Nereducherla Mandal,^Nalgonda District,^{pr"5"nify ,esiding at nviirydtaguditown, And tvlandal, Nalgonda dist.}

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...Petitioner

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AND

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Sri S.K.Joshi,^{l.A.S., Secretary, Governmentof Andhra Pradesh,(pres.ently} Strt" of Telengana),^{lrrigation a CommandArea Development Department'} A. P.Secretariat,^{Hyderabad-500022}

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sri Satya^{Narayana Reddy, Districtcollector, Nalgondadistrict}

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Sri Satya^{Narayana, Mandal RevenueOfficer, Neredcherla[/andal,Nalgonda} Dist.

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...Respondents

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Counsel for the^{Petitioner:SRl. S. RAHUL REDDY}

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Counsel for the^{Respondents No.1: GP FOR tRRt AND COMM AREADEV(TG)} counsel for the^{RespondentsNo.2&3:GP FOR LAND ACQUISITIoN (TG)} The Court made^{the following: COMMONORDER}

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d"!

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t t i I I l

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THE HON'BLE SRI JUSTICE MUIVIMINENI SUDHEER KUMAR coNTEMPT Nos.6O 1 1057 20t6

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COMMON ORDER:

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These contempt cases are filed complied complaining nonimplementation of the orders passed by this court in w.P.Nos. 14274 and 13482 of 1994, dated 02.05. lggr, wherein the respondents were directed to initiate the proceedings under the Land Acquisition Act, t8g4 (for .short,^.the Act lgg4) for acquisition of lands of the petitioners, which are coming under submergence of chillapalli rank, within two months from the date of receipt of a copy of the said order.

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As the acquisition proceedings are not initiated within the time, as directed by this court, these contempt cases are filed.

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when the contempt cases are taken up for consideration on earlier occasion, it was brought to the notice of this court that the. said order passed by a learned single Judge of this court has become final, on dismissal of the s.L.p. filed by the respondents and finally on 30.12.2022, this court issued notice in Form - I and called upon the respondents to show cause as to why they should not be punished for viorating the oider passed by this court. Accordinglyltt respondents appeared before this court

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on 25.0L.2023 and reported that appropriate steps have already been initiated for acquisition of the subject lands and a preliminary notification under section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlernent Act, 2013 (for short, ,the Act, 2or3) would be issued v'ithin a couple of weeks time and sought indulgence of this Court to adjourn the matter. Today r,r,hen the matters are taken up, it is brought to the notice of this court that preliminary notification under section 11 (1) of the Act, 2013 is already published in the newspapers on 2L.Ol.2O2B for acquiring the subject lands, which are rhe matters of w.p.No s.r42z4 and 13482 of 1994.

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4' However, it is pointed out by learned counsel for the petitioners that while issuing the notification in question, the respondents have omitted Sunrey No.24g, which is also the rand submerged in the subject Tank.

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5' Learned Government preader for Land Acquisition further submitted that having noticed that Sunzey No.24g is also submerged in the subject rank, the respondents have issued errata covering the land in survey No.24g i, the acquisition proceedings.

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il II

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In the light of the above, as.the proceedings have already been initiated by the respondents, as directed by this Court, these contempt cases closed directing the respondents to conclude the acquisition proceedings and pay compensation within a period of six months from today and the respondents are discharged.

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Miscellaneous petitions, if arry, pending in the contempt

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cases shall stand closed.

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Sd/. K. SAILESHT DEPUTY

//TRUE COPYII

SECTION ER

To,

one cc to Sri S.K. Joshi, |.A.s.,, secretary, Government of Andhra pradesh (Presently the State of relengana) lrrigation and command Area Development Department, A.P. Secrefariat, Hyderabad - SOO 022

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