THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Contempt Case No.834 of 2010 ORDER: The petitioner filed W.P.No.28939 of 2009 before this Court, alleging that the 2nd respondent-Corporation is proposing to lay a road across her land in Sy.No.151/3 of Vepagunta, Visakhapatnam District. The writ petition was disposed of on 31-12-2009, directing that the respondents shall not utilize the land of the petitioner, except by following the procedure prescribed by law, or with the consent of the petitioner. This Contempt Case is filed alleging that the respondent laid the road in contravention of the orders passed by this Court. The respondent filed a counter-affidavit, stating that the petitioner herself gave consent, and in lieu thereof, she was extended the facility of the permission to construct in the left over land. Heard the learned counsel for the petitioner and learned counsel for the respondent. Apprehending that the Corporation would lay road across the land of the petitioner, she filed the writ petition. At the admission stage it was disposed of, directing the Corporation to follow the procedure prescribed by law, or to take up the work with the consent of the petitioner. On hearing the learned counsel for the petitioner and learned counsel for the respondent, this Court is of the view that, while the respondent commenced the work before the petitioner gave specific consent, the petitioner had misled this Court by not stating the complete facts. The record discloses that the petitioner gave consent, for utilization of the land, somewhere in June, 2010. Even after filing the Contempt Case, an affidavit was filed on behalf of the petitioner, before the respondent, notifying her consent. That fact was, however, not brought to the notice of this Court. It is felt that the petitioner, on the one hand, and the respondent, on the other hand, have taken steps, which do not accord with the purport of the order passed in the writ petition, which, however, may not amount to wilful contempt. As of now, the petitioner does not have any grievance, since she gave her consent to part with the land, subject to certain conditions. It is felt that both of them be required to pay certain costs, to an organization, which is running a Home for Mentally Retarded Children. Hence, the Contempt Case is closed, directing that the petitioner, on the one hand, and the respondent, on the other hand, shall pay a sum of Rs.5,000/- (five thousand) each, to LEBENSHELF, M.V.P. Colony, Visakhapatnam, within four weeks from today. The amount so paid, shall be utilized by the Organization, exclusively for the benefit of the Mentally Retarded Children. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.22-10-2010. KO