THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.301 of 2007 13.11.2009 Between: M.Jagapathi Rao, S/o.Thirmal Rao … Petitioner AND Sri G.Venkateshwarlu, S/o.Sri Ramulu And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.301 of 2007 ORDER: Petitioner filed writ petition being W.P.No.21110 of 2006 seeking a declaration and direction to respondents not to interfere with his possession and enjoyment of the land in survey No.102/1, Road No.12, Banjara Hills, and further direction to Government to regularize the land to the extent it vested in the State Government and found in possession of petitioner in terms of G.O.Ms.No.455, Revenue (U.C.I) Department, dated 29.7.2006. This Court having regard to the earlier litigation in LGC No.45 of 1991 and O.S.No.2231 of 1993, disposed of writ petition observing that the Government should take into consideration the result of the said two cases while taking any action against the petitioner. Be it noted that petitioner filed the said writ petition alleging that the Tahsildar, Shameerpet Mandal, highhandedly removed the boundary wall of petitioner’s house constructed in the land. Petitioner filed instant contempt case alleging that though his application for regularization is pending before the Government and is being processed, violating the orders of the Court dated 20.11.2006, first respondent erected a board near the land indicating that it is a Government land and in spite of his request the same was not removed. After receiving the notice, Tahsildar filed a counter opposing the contempt case. Adverting to the allegation of erection of board, it is stated in the counter affidavit that the land in question has been in possession of Government and as such a board was erected and the same does not amount to disobedience of the orders of the Court. When the matter was listed on 22.2.2008, this Court directed the Revenue Divisional Officer, Secunderabad (RDO), to personally inspect the land and file a report. In obedience thereto, RDO filed a report dated 16.4.2008 enclosing sketch showing the land in T.S.Nos.12/1 and 13, Block-A, Ward No.12 is situated at Road No.12 of Banjara Hills. In short, report alleges that the petitioner encroached Government land to an extent of 742 Sq.Mtrs in T.S.No.12/1 in addition to the property, which is subject matter of the writ petition. It is also alleged that Tahsildar is contemplating to file a Land Grabbing Case against the petitioner. There is no dispute that the petitioner made two applications on 13.8.2008 for regularization and transfer of rights in respect of land admeasuring 438 Sq.yards and 496 Sq.yards and these applications are pending with the Government. Both the applications were made by petitioner in accordance with G.O.Ms.No.166, Revenue (Assn.PoT) dated 16.2.2008. Paragraph 11 of Note (vi) is to the effect that application of a person for regularization shall be considered by the Government on condition that he/she shall withdraw Court case. Therefore, this Court is not inclined to pass any orders on merits of the case. Further, learned Counsel for petitioner also does not press contempt case. The contempt case is accordingly dismissed as withdrawn. ___________ (V.V.S.RAO,J) November 13, 2009 YS