THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.1915 of 2010 Date:01.04.2011 Between: Bathula Venkata Subba Reddy ..... Petitioner AND I.Bhakthavatsala Reddy .....Respondent Counsel for the Petitioner: Sri J.Sreenivasa Rao Counsel for Respondent: Assistant Government Pleader for Revenue The Court made the following: ORDER: This Contempt Case is filed alleging wilful disobedience of the order dated 07.09.2010 in W.P.No.21766 of 2010. The petitioner filed the abovementioned writ petition for a mandamus to declare the action of the respondents in not acting on his application dated 14.06.2010 for deputing the Mandal Surveyor for fixing the boundaries and correcting the F-Line in respect of his lands admeasuring Acs.31.35 cents comprised in survey Nos.1881/1, 1882/1 and 1883/1 of Nellore Bit-I, Kothur Village, Nellore Rural Mandal, Nellore District as illegal and arbitrary. This Court disposed of the said writ petition, by order dated 07.09.2010, on the statement of the learned Assistant Government Pleader for Revenue that the respondent herein is taking steps to depute Mandal Surveyor for the purposes mentioned in the petitioner’s application. Accordingly the writ petition was disposed of with the direction to the respondent herein to complete the entire process of deputation of Mandal Surveyor and getting the boundaries and F-Line fixed by him within a period of two months. Instead of complying with the said direction, the contemnor has passed order dated 01.11.2010, wherein he has rejected the petitioner’s request for deputation of Surveyor to take up survey work on the ground that the petitioner does not possess the right and title over the lands in dispute. Alleging that this order is in blatant violation of the order of this Court referred to above, the present Contempt Case is filed. On a perusal of the order dated 01.11.2010, this Court formed a prima facie opinion that the contemnor has indulged in serious contempt. Accordingly, the contempt case was admitted and Form I notice was issued on 07.02.2011. The contemnor has accordingly appeared before this Court and on the directions being issued from time to time he is being present on all the dates of adjournment without drawing the T.A. and D.A. as directed by this Court. The contemnor has since filed a counter-affidavit, wherein he has stated that subsequent to the admission of the contempt case, the Mandal Surveyor was deputed and survey was completed and boundaries were demarcated. As the contemnor failed to explain his action in issuing the abovementioned order rejecting the petitioner’s request for deputing the Mandal Surveyor, he was permitted to file an additional counter-affidavit. Accordingly, he has sworn to such an affidavit dated 30.03.2011, wherein he sought to explain the circumstances under which he has passed the order dated 01.11.2011 which was withdrawn subsequently. Though this Court is not fully convinced with the reasons mentioned in the said affidavit, since the contemnor has purged contempt by withdrawing the order dated 01.11.2011 and getting the survey conducted, this Court takes a lenient view and drops all further proceedings in the contempt case by administering caution to the contemnor not to repeat such conduct in future. The contemnor has undertaken that he will not draw the T.A. and D.A. for the visits he had made to Hyderabad for appearance before the Court in respect of the contempt case. The Contempt Case is accordingly closed by recording the undertaking of the respondent as above. As a sequel to closure of the contempt case, C.A.No.1282 of 2010 by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 01st April, 2011 Note: Copy of this order shall be marked to the District Collector, Nellore, for his record. (B/o) GHN