THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.1223 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner filed this Contempt Case complaining that the respondent herein, who is the 2nd respondent in the writ petition, has wilfully and deliberately disobeyed the order of this court, dated 01-04-2009, in W.P.M.P.No.8968 of 2009 in W.P.No.6857 of 2009, which reads as follows:- “It is stated that the 3rd respondent is making certain constructions even after cut off date as mentioned in G.O.Ms.No.901 MA & UD (M1) Department, dated 31-12-2007 and therefore, the petitioner made a representation dated 25-02-2008 before the 2nd respondent. If the said representation is received and pending with the 2nd respondent, the 2nd respondent may consider and dispose of the said representation after giving opportunity of being heard to the petitioner as well as the 3rd respondent, as expeditiously as possible, without any undue delay.” A counter has been filed by the respondent enclosing copy of the order, dated 30-10-2009, disposing the representation of the petitioner, dated 25-02-2008. It is stated that the 3rd respondent in the writ petition, who is not a party to this contempt case, having obtained approval of the plan vide proceedings, dated 11-09-2007, violated the zonal regulations and, therefore, a show-cause notice, dated 11-12- 2007 was issued and a charge-sheet was also filed under Section 41 of the Andhra Pradesh Urban Areas (Development) Act, 1975 and the builder was convicted and a fine of Rs.10,000/- was also imposed by the Lok Adalat Court by order, dated 02-08-2008. It is further stated that the security deposit of Rs.96,972/- was also forfeited by the Grampanchayat on 03-01-2008 as per Clauses 15 and 16 of the proceedings No.C2-1988/2007 of the Gram Panchayat Secretary for the unauthorized construction in terms of G.O.Ms.No.423, dated 31-07- 1998. Insofar as delay in disposing of the representation is concerned, it is stated that the builder filed an application on 20-03-2008 paying an amount of Rs.1,50,000/- for regularisation of un-authorized construction. As per the interim order of this court in W.P.M.P.1069 of 2008 directing not to process the Building Penalisation Scheme applications until further orders, the application of the builder was not processed and this court vacated the interim order only on 08-06-2009 for processing BPS applications. It is stated that in view of the Government Memo No.26270/MI/02, dated 29-07-2008, directing the authorities not to enforce notice to the existing buildings, in respect of which the applications have been filed under BPS Scheme, without scrutiny and inspection, no action has been taken. It is stated that BPS application is still pending and as and when the said application is disposed of, appropriate action will be taken. In view of the fact that the representation of the petitioner, dated 25-02-2008, was considered and disposed of, as directed by this court, though belatedly, we do not see any wilful disobedience on the part of the respondent. Accordingly, the contempt case is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 26-11-2009 Prv