THE HONOURABLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE NO.406 OF 2010 ORAL ORDER: The contempt case is filed alleging that the respondents have not implemented the order of this Court dated.09-10-2010 in W.P.No.14571 of 2009 where under the respondents were directed to consider the case of the petitioners for payment of exgratia in terms of G.O.Ms.No.332, I & CAD (PW) Department, dated 20-05-1996, if the said G.O governs the case of the petitioners within a period of two months from the date of receipt of the copy of the order. The petitioners, twenty two (22) in number, had filed W.P 14571 of 2009 seeking to issue a Writ of Mandamus, declaring the action of respondents in not paying exgratia amount in respect of the wells of the petitioners acquired under the Provisions of the Land Acquisition Act as arbitrary, illegal and violative of principles of natural justice and further direct the respondents to pay exgratia amount to the wells of petitioners herein as was done in the case of persons, whose lands and wells were submerged under Priyadarshini Jurala Project and pass such other orders. The case of the petitioners in the writ petition was that the requisition was made by the Executive Engineer, Priyadharshini Jurala Project in respect of lands for an extent of Ac.140.32 gts of Weepanagandla village for submergence under Gopaladinne Balancing Reservoir of Priyadharshini Jurala project. The 2nd respondent has approved the draft notification and draft declaration under Sections 4(1) and 6 of the Land Acquisition Act and published in the Gazettee on 11.11.1999 and 4.12.1999 respectively. The 3rd respondent passed the award No.7/2001 dated 1.2.2001 fixing the market value of the lands acquired. The petitioners are the owners of various extents of land along with wells situated in several survey numbers of Weepanagandla village. The structures, pipelines & wells existing on the land acquired were not taken into consideration by the 3rd respondent while fixing the value and consequently no compensation was paid in respect of the same. The lands of petitioners belong to Erladinne and Mustipalli were also acquired for submergence under Priyadarshini Jurala project. The owners of the land acquired of above villages approached the 1st respondent for payment of exgratia for agricultural wells. The 1st respondent issued GO Rt.No.332 Irrigation & Command Area Development (Projects Wing TGP III) Department dated 20.5.1996 granting exgratia for agricultural wells. The 1st respondent confined the order only to Erladinne village. Basing on the said G.O., the owners of the wells of Mustipally, Chintareddypally submerged under Priyadarshini Jurala project approached this Court and filed a W.P.No.8938 of 2008 and this Court while disposing of the Writ Petition directed the respondents to pay exgratia sanctioned under G.O.Rt.No.332 to the petitioners therein. The land belongs to the petitioners herein as well as the wells were acquired for the Priyadarshini Jurala Project. Therefore, the petitioners made a representation dated 2.4.2009 to the respondents to pay exgratia to the wells submerged under PJ Project as paid to the villagers of Erladinne, Mustipalli and Chintareddypally. Since the petitioners were not paid the exgratia in respect of the wells submerged along with the lands of the petitioners, they filed the writ petition. This court by order dated 09-10-2009 disposed of the writ petition with a direction to the respondents to consider the case of the petitioners for payment of exgratia in terms of G.O.Ms.No.332, I & CAD (PW) Department, dated 20-05-1996, if the said G.O governs the case of the petitioners within a period of two months from the date of receipt of the copy of the order. A counter-affidavit has been filed by the respondents. Para 10 of the counter-affidavit, reads as under:- “ In obedience to the orders of the Hon’ble Court dated 09-10- 2009, I have considered the request of the petitioner and passed order vide Proceedings No.E/210/09 dated 17-03-2010 stating that as per the law laid down by the Honourable Supreme court of India and this Hon’ble Court the petitioners are not entitled for an exgratia for wells and pipe lines. The said order was served on the petitioners on 30-03- 2010. Therefore, I have complied with the orders of the Hon’ble Court dated 09-10-2009 and there is no disobedience on my part”. Since the order in the writ petition has since been compiled this Court does not wish to pursue with the Contempt Case further. Accordingly the Contempt Case is dismissed. The petitioners have any grievance against the order of the respondents dated 17-03- 2010 they are at liberty to pursue the appropriate remedies. _________________ G. CHANDRAIAH,J 6TH AUGUST 2010 TSNR