IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE NO:1507 OF 2010 DATED:19.11.2010 Between: J.V.Mallikharjuna Reddy .....PETITIONER AND 1.Madhavi Latha & another .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE NO:1507 OF 2010 ORDER: This contempt case is filed by the petitioners seeking to punish the respondents for willfully disobeying the orders of this Court made in W.P.No:14140 of 2009, dated 23.9.2009 under sections 10 to 12 of the Contempt of Courts Act. The petitioner filed the writ petition seeking for issuance of writ of mandamus to declare the inaction on the part of respondents-1 and 2 in not issuing the Pattadar Pass book to the petitioner and conduct the survey in S.Nos:215, 17, 218, 219, 97, 98, 115, 100, 101 of R.Jambuladinne village and S.Nos.320, 323, 324, 333, 152/1, 146/4 of Vengampally village, Uyyalawada Mandal, Kurnool District as illegal and arbitrary and consequently, direct the respondents to issue pattadar pass books to the petitioner. The case of the petitioner was that after the demise of his father, he has been looking after the properties held by the family and he applied for issuance of pattadar pass books on 5.5.2008 to the 2nd respondent-Tahsildar. But, there was no response from the official respondents. Then the petitioner applied for issuance of E.Cs to the 3rd respondent-Sub Registrar and also to the District Registrar, Nandyal, Kurnool District and other competent authorities. In pursuance of the orders of the Commissioner and Inspector General of Registrations and Stamps, dated 4.5.2009, 12.5.2009 and 13.5.2009, the 3rd respondent-Sub Registrar issued E.Cs to the petitioner’s land and in turn, the petitioner approached respondents-1 and 2 viz., Revenue Divisional Officer and Tahsildar respectively, by furnishing copies of the same for issuance of pattadar pass books. But, they have not responded for the same. Therefore, he filed the writ petition. This Court by order dated 23.9.2009 disposed of the writ petition directing respondents-1 to 3 to consider the case of the petitioner in accordance with law within a period of two (2) months from the date of receipt of a copy of the order. The case of the petitioner is that the respondents have not complied with the said direction and therefore, he filed the present contempt case. In response of the submissions made in the affidavit filed in support of the contempt case, the 2nd respondent-Tahsildar, Uyyalawada Mandal, Kurnool District filed a counter affidavit stating that the petitioner has submitted a representation on 6.2.2010 to the Revenue Divisional Officer which was received on 8.2.2010, requesting to conduct an enquiry and immediately on the very same day, the enquiry was conducted and the petitioner has given a statement that the land claimed by him is his land and his family is in possession and requested to issue the pattadar pass book. A detailed report dated 8.2.2010 was submitted by the Tahsildar to the Revenue Divisional officer stating that in respect of the very same land, the pattadar pass book and title deed were already issued by the then M.R.O in favour of some third parties and therefore, a second pattadar pass book cannot be issued in favour of the petitioner in respect of the very same land and the petitioner was advised to file an appeal before the Revenue Divisional Officer. Thereafter, the petitioner got issued a legal notice, dated 20.3.2010 to the respondents to issue the pattadar pass book and title deed and in response to the same, an endorsement was given on 23.9.2010 by the then Tahsildar stating that the Tahsildar is not the competent authority to cancel the pattadar pass book, which was issued previously and hence, he advised the petitioner to prefer an appeal before the Revenue Divisional Officer, Nandhal and this endorsement was sent through the Registered Post to the Advocate of the petitioner, who received the same on 27.3.2010. Therefore, the order passed by this Court has been complied with by considering the case of the petitioner and as such, there is no violation of the orders of this Court. Hence, the contempt case is liable to be dismissed. Along with the counter affidavit, the learned G.P also placed a copy of the endorsement of the Tahsildar in Rc.B/03/2010, dated 23.3.2010 wherein it is stated that then Mandal Revenue Officer, Uyyalawada issued Pattadar Pass Book and Title deed to the present land occupiers and the Mandal Revenue Officer has not issued the Pattadar Passbook for small extent in S.No:320, 323, 325, 152/1 and 146/4 of Vengampalli village and the petitioner is not in possession and enjoyment of the lands and to that effect, the endorsement has been issued on 18.1.2010. But, the petitioner has produced any original documents till today. Further, the petitioner was informed that the Tahsildar is not the competent authority to cancel the pattadar passbook, which was issued previously. Hence, the petitioner was advised to prefer an appeal before the Revenue Divisional Officer, Nandhyal in this regard. Having regard to the averments made in the counter in response to the affidavit filed in support of the contempt case and also having regard to the submissions made in the endorsement of the Tahsildar, Uyyalawada in Rc.B/03/2010, dated 23.3.2010 and having heard the learned G.P for respondents, I am of the view that the respondents have complied with the order of this Court passed in the writ petition and therefore, the question of contempt, does not arise. Hence, this contempt case is liable to be dismissed. Accordingly, this contempt case is dismissed. No costs. ____________________ Justice G.Chandraiah Date:19.11.2010 gurc THE HON'BLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE NO:1507 of 2010 19th November, 2010