THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No. 486 OF 2010 Dated: 25.11.2011 Between : Bhupathiraju Sudhakararaju and 7 others … Petitioners And The District Collector and another … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No. 486 OF 2010 O R D E R: This contempt case is filed to punish the respondents for the alleged violation of the order dated 24.04.2009 passed by this Court in W.P.M.P.No.11270 of 2009 in W.P.No.8609 of 2009. I have heard the learned counsel for both the parties and perused the counter affidavit filed on behalf of the respondents, including the counter affidavit filed by the Revenue Divisional Officer and Land Acquisition Officer. The order dated 24.04.2009 reads as under: “ There shall be an interim direction to the respondents to consider the representation purported to have been made by the petitioner on 25.07.2007 and pass appropriate orders thereon as per law, within a period of six weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. Notice.” The contempt case was filed in March, 2010 alleging that in spite of the above said order, the respondents failed to consider the petitioners’ representation and did not pass any orders. In the counter affidavit, it is explained as under: “ In reply to the averments made in para 3 it is submitted that in pursuance of the orders passed by this Hon’ble Court on 24.04.2009 in W.P.M.P. No.11270/2009 in W.P.No.8609/2009, I have addressed a letter to the Horticulture Officer, Jangareddygudem to get the land inspected and assess the value of the trees existed in the land acquired in order to pass a Supplementary Award. The Horticulture Officer, Jangareddigudem has inspected the land and assessed the value of the coconut trees as Rs.12,75,686/- vide his report dated 12.06.2009. Thereafter I have addressed a letter to the District Collector, West Godavari vide this office Roc. A/13/2004, dated 22.04.2010 for necessary orders for payment of compensation of Rs.12,75,686/- to the petitioners towards trees value. Thereafter the Executive Engineer, Irrigation Division, Eluru was addressed to provide an amount of Rs.12,75,686/- towards compensation payable to the petitioners towards value of the trees. It appears the Engineer- in- Chief, Hyderabad has submitted a detailed report to Principal Secretary to Government of A.P., (P), I & CAD Department to accord permission to release to Rs.12,75,686/-. The Government of A.P., in their Memo No.16839/Land Acquisition-1(A1)-2010-2, dated 21.07.2010 has released the amount of Rs.12,75,686/- towards compensation for the trees. Thereafter I have passed a Supplementary Award vide this office Roc.13/2004/A dated 22.08.2010 awarding compensation of Rs.12,75,686/- towards value of trees in favour of the petitioners. Accordingly, the compensation amount was paid to the petitioners on 20.08.2010 itself. I submit that the orders of this Hon’ble Court have been complied with by paying compensation to the petitioners.” Learned counsel for the petitioners did not dispute the fact that the supplementary award is passed by the Land Acquisition Officer on 22.08.2010. However, it is contended that the interest to which the petitioners are entitled to has not been awarded and therefore, the respondents are liable to be punished under the Contempt of Courts Act, 1971. As noticed above, the order passed by this Court in W.P.M.P.11270 of 2009 in W.P.No.8609 of 2009 was only to consider the petitioners’ representation and pass orders. Now that such an order has already been passed even assuming that the said order is erroneous or illegal on any ground whatsoever, it is for the petitioners to challenge the same by working out the appropriate remedy as available under law. In fact, Writ Petition No.8609 of 2009 is still pending before this Court. Hence, no further enquiry is necessary in the Contempt Case and accordingly, the same is closed. No costs. ___________ G. ROHINI, J Date: 25.11.2011 Ivd