THE HON’BLE Ms. JUSTICE G. ROHINI Contempt Case No. 302 of 2009 Dated: 08.06.2010 Between: J.Papaiah, Krishna District. … Petitioner And PNP Andhra Bhushan, Krishna District. … Respondent HON’BLE Ms. JUSTICE G.ROHINI Contempt Case No. 302 of 2009 O R D E R: This Contempt Case is filed alleging violation of the order of this Court dated 30.06.2008 in W.P.No.8185 of 2008. I have heard the learned counsel for both the parties and perused the material available on record including the counter affidavit and the additional counter affidavit filed by the respondent. W.P.No.8185 of 2008 was filed aggrieved by the inaction on the part of the respondent herein for removal of the alleged unauthorized constructions made by the 3rd respondent therein. The said writ petition was disposed of by this Court by order dated 30.06.2008 with a direction to the respondent herein-Panchayat Secretary, Gram Panchayat to take necessary further steps pursuant to the notice dated 22.12.2007 after giving an opportunity to the 3rd respondent to explain the proposed action. Alleging that the respondent failed to take action in spite of the specific direction by this Court, the present Contempt case is filed. Initially, the respondent filed a counter affidavit stating that notices were issued to the 3rd respondent on 01.08.2008 and again on 14.08.2009 for removal of the alleged unauthorized constructions. However, as the said counter affidavit was silent as to the further steps taken, the respondent was directed to file an additional counter affidavit. Accordingly, an additional counter affidavit dated 22.03.2010 has been filed stating that the Gram Panchayat passed a resolution dated 11.12.2009 directing to take action as per law for removal of the unauthorized structures and pursuant to the same, a representation was made before the Station House Officer, Mylavaram Police Station on 28.01.2010 to provide adequate security for carrying out the demolition. In the meanwhile, the 3rd respondent filed W.P.No.3098 of 2010 and by order dated 11.02.2010 this Court granted interim stay of all further steps pursuant to the notice dated 14.08.2009 and therefore, the demolition process was stopped. Learned counsel for the petitioner while pointing out that W.P.No.8185 of 2008 was disposed of long back on 30.06.2008, vehemently contended that the respondent herein had deliberately delayed the matter and even in the notice dated 14.8.2009 which was issued after filing the present contempt case, the respondent had deliberately suppressed the contempt proceedings pending before this Court. Thus, it is contended by the learned counsel for the petitioner that the action of the respondent amounts to deliberate violation of the orders of this Court and therefore, he is liable to be punished under the contempt of courts Act. As rightly submitted by the learned counsel for the petitioner, by 14.08.2009, notice was already ordered to the respondent in this contempt case and the matter was coming up for his counter. In the circumstances, it is true that the respondent is expected to refer to the contempt proceedings pending in this Court in the notice dated 14.08.2009. However, I am unable to hold that he had deliberately suppressed the said fact as alleged by the learned counsel for the petitioner. Having regard to the explanation offered by the respondent-Panchayat Secretary in the additional counter affidavit dated 22.03.2010 particularly keeping in view that W.P.No.3098 of 2010 is pending before this Court in which interim stay has been granted until further orders, I am not inclined to proceed any further in this contempt case. Accordingly, the Contempt Case is closed leaving it open to the petitioner to contest W.P.No.3098 of 2010 if so advised. Accordingly, the Contempt Case is closed. _____________ G.ROHINI,J Date: 08.06.2010 KLP