HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CONTEMPT CASE No.743 OF 2009 JUDGMENT: Petitioners filed W.P. No.24996 of 2006 seeking a direction to the respondents to initiate proceedings under the Land Acquisition Act in respect of the land of an extent of 0.72 cents in Survey No.80/2 of Rakulakunta Village, Gopavaram Mandal, Kadapa District and structures therein. The land was acquired for the purpose of an irrigation project. After hearing both the parties, the writ petition was disposed of through order dated 17-09-2008 with the following directions: “ (a) the 1st respondent shall take steps to publish notification under Section 6 of the Act, in respect of the land in question, within a period of one (1) month from today. (b) During the course of award enquiry, the Land Acquisition Officer shall take into account, the plea raised by the petitioners, as regards the structures, as well as the report submitted before this Court, by the Advocate-Commissioner. (c) Since an earlier set of proceedings has elapsed, on account of the delay in passing the award, it shall be ensured that the award is passed as early as possible and not exceeding six (6) months from the date of publication of the notification under Section 6 of the Act.” 2. This Contempt Case is filed alleging that the Special Deputy Collector, Land Acquisition, 2nd respondent herein, passed an award only in respect of the land deliberately omitting to award compensation for structures. The Contempt Case was admitted on 05-10-2009 and it underwent quite a good number of adjournments. The contesting respondents also filed counter affidavit. 3. In the course of hearing of the Contempt Case, learned Advocate General raised an objection as to the maintainability of the C.C. before this Court. According to him, petitioners themselves filed Writ Appeal No.1234 of 2008 against the order in writ petition and the appeal in turn was dismissed on 26-09-2008. It is pleaded that once the writ appeal was dismissed on merits, may be affirming the order in the writ petition, the order in the writ petition merges into the judgment passed in the writ appeal. Reliance is placed upon a judgment rendered by a Division Bench of this Court in A. SHANTI KUMARI v. K. RAVI[1]. 4. Learned Counsel appearing for the petitioners submits that the writ appeal was dismissed by affirming the order in the writ petition in all respects and that it cannot be said that the question of merger does not arise. 5. The circumstances under which the order of an inferior Court can be said to have been merged to that of one rendered by a Superior Court has explained in detail in paragraph No.41 of the judgment referred supra, which is as under: “It is thus clear that once an appeal is entertained in exercise of the jurisdiction under Clause 15 of the Letters Patent Act the order impugned before the Division Bench becomes an order appealed against. Any order passed thereafter would be an appellate order and would undoubtedly attract the applicability of doctrine of merger. The fact whether the order passed by the Appellate court is one of reversal or of modification or of dismissal affirming the order appealed against would not make any difference. Once the Appellate Court applies its mind to the order put in issue before it and exercises its Letters Patent jurisdiction after issue of notice and disposes of the appeal after full hearing in presence of both the parties such order would be an appellate order and would attract the applicability of doctrine of merger.” 6. Therefore, irrespective of the result of an appeal, once the Division Bench has applied its mind and passed an order, the inevitable result is that the order in the writ petition merges into the one passed in the writ appeal. Therefore, contempt, if any, would be that of the order in the writ appeal. 7. Hence, the Contempt Case is closed, leaving it open to the petitioners to file a fresh contempt case vis-à-vis the orders passed in the writ appeal No.1234 of 2008. ____________________ L. NARASIMHA REDDY, J August 18, 2010. KTL [1] 2003(2) ALD 460