THE HON’BLE SRI JUSTICE C.V. RAMULU C.C. No. 1401 of 2008 O R D E R: This contempt case is filed complaining willful disobedience on the part of respondents in implementing the orders passed by this Court in WPMP No. 14963 of 2008 in W.P. No. 11595 of 2008 dated 29.5.2008, whereunder respondents 4 and 5 were directed not to interfere with the rights of petitioners’ community over the burial ground in an extent of Ac.0-29 cents in Sy.No.119/3 (Old Sy.No.119) of Patha Kadapa village, Kadapa Mandal. There is no necessity of going into all the details. During pendency of the contempt case, an Advocate-Commissioner was appointed. The Advocate-Commissioner filed report saying that the land or burial ground is not occupied but a small platform admeasuring 4x4.30 metres is situated on the eastern side of the ritual platform at a distance of 2 metres and it is covered partly with earth connecting the bund. The same was measured and it was found to be 0.50 metres height on the eastern side and 0.25 metres height on the northern side of the crematorium platform. The same was leveled partly with earth on the portion of western and southern side of crematorium platform, making a way in between two platforms from the bund. He could find that in the process of raising the height of the tank bund, loose earth/mud was carpeted on the crematorium platform, covering half portion of the said platform. He got measured the height of the bund and found it to be 2.5 metres height on the western side of the bund from tank side and 2.3 metres height on the eastern side of the bund/bloating tank side. He had not found any construction material in and around the land in question and no construction work was going on in the location or near to the location/land in question. Apart from that, it is stated in the counter that the said bund was existing even prior to filing of writ petition and obtaining orders from this Court. In view of the above, one thing is clear that some earth was filled in between the bund and the platform, which is used for crematorium purpose. In view of the counter filed by respondents and also the report of the Advocate Commissioner, as of today no construction is being taken up nor the land of the petitioners is in occupation of the respondents. Under those circumstances, nothing survives for further adjudication in the contempt case. It is accordingly closed. However, it is made clear that the respondents shall not interfere into the land of the petitioners without following due process of law. JUSTICE C.V. RAMULU. Date: 20-12-2010. MVB.