IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No : 1072 of 2010 Between: Nagulapalli Atchuta Ramarao. ..... PETITIONER. AND Undru Babji Raju. .....RESPONDENT THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No : 1072 of 2010 ORDER: By order dated 29.6.2010 in W.P.M.P No.18926 of 2010 in W.P.No.15022 of 2010 this Court directed that dispossession of the petitioner from Buddy Shop No.14, Daily Market, beside N.H.Road No.214, Thatipaka Village, Rajole Mandal, if contemplated, shall be in accordance with the due procedure laid down by law. Alleging that he was dispossessed without the due procedure being followed, the petitioner filed the present contempt case. In his counter affidavit, the In-charge Panchyat Secretary, Tatipaka Gram Panchyat, stated that the petitioner’s Buddy Shop was removed prior to the passing of the aforestated order but out of deference to the order passed by this Court, the petitioner’s Buddy Shop was reinstalled at the same location on 1.7.2010. Reference was also made to the undertaking given by the Gram Panchyat before the Legal Services Committee to the effect that the petitioner would be provided an alternative site. As this Court only directed the respondent in the writ petition to follow the due procedure laid down by law in the matter of dispossessing the petitioner from the subject location, there was no positive direction to the effect that the petitioner should be permitted to continue at the same location; all the more so when the same is stated to be causing obstruction to the traffic. As the Gram Panchyat itself undertook to provide the petitioner an alternative site, it is hoped that the same would be done expeditiously. In any event, in the light of the averments made in the counter to the effect that the order passed by this Court, has been honoured, no willful or deliberate contempt is made out warranting invocation of the contempt jurisdiction of this Court. The Contempt Case is accordingly dismissed. ____________________________ JUSTICE SANJAY KUMAR Date: 19.10.2010 mrb