HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 1239 of 2009 And CONTEMPT CASE No.1280 of 2009 COMMON ORDER: Since the writ petition and contempt case are connected with each other, they are disposed of through a common order The writ petitioners claim to be the owners of 1326 square yards of land in Survey No.87 of Gopalapuram Village, Hanamkonda Mandal, Warangal District. Their grievance is that the respondents in the writ petition have permitted the families of police personnel to construct houses in part of their land. It is stated that the first respondent has allotted plots of 200 square yards each in Survey No.88 of Gopalapuram Village in favour of the dependants of 9 deceased police personnel, who died in action and be it under mistaken impression or deliberately, construction is being permitted upon their land in Survey No.87. The petitioners have placed before this Court the copies of sale deeds, through which they purchased the land and other connected documents. The 3rd respondent, Sub-inspector of police, Kakatiya University Campus, filed a counter affidavit. He has furnished the particulars of the allotments made in favour of the dependants of 9 deceased police personnel. He denied the allegation that the construction is made in part of the land in Survey No.87. While admitting the writ petition, this Court granted an interim order in W.P.M.P.No.1559 of 2009 on 29.01.2009 directing the respondents therein not to dispossess or otherwise interfere with the possession of the petitioners over the land in Survey No.87. C.C.No.1380 of 2009 is filed alleging that the respondents have violated the interim orders. In the contempt case, the 4th respondent, one of the allottees of the land in Survey No.88, was impleaded. The District Collector, Warangal, first respondent filed a counter affidavit, stating that though allotment of plots was made in Survey No.88, possession thereof was not delivered and on verification, it is found that the construction is being made on the land in Survey No.87. Respondents 2 to 4 have also filed separate counter affidavits. Heard Sri N.Vasudeva Reddy, learned counsel for the petitioners, learned Government Pleader for Home and the learned counsel for the 4th respondent. As a social security measure, the 1st respondent issued orders dated 19.09.2008 allotting plots of 200 square yards each in Survey No.88 to the families of 9 police personnel, who died in action. It is also stated that though allotment was made, possession thereof was not delivered. Obviously, on a wrong advise and impression, the 4th respondent has chosen to start construction upon the land owned by the petitioners herein. Though the petitioners contend that the construction was made deliberately, even after the interim orders were brought to the notice of the respondents, the fact however remains that the 4th respondent, who made construction, was not a party to the writ petition at all. It is difficult to conclude that respondents 1 to 3 herein committed any contempt, particularly when it is not even alleged that they have made any construction. There was no direction to the effect that respondents 1 to 3 shall prevent any construction upon the land owned by the petitioners. Be that as it may, the parties themselves have arrived at a settlement after knowing the correct facts. The 4th respondent acknowledged the fact that the construction was made by her on a plot not allotted to her and that the land is owned by the petitioners. As a gesture of goodwill and sympathy, the petitioners offered a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the 4th respondent towards the cost incurred by her in making construction. The 4th respondent has acknowledged the receipt of payment of the said amount. The joint memo signed by both of them is filed into the court. Taking the totality of the circumstances into account, the contempt case is closed and the writ petition is disposed of, directing that- (a) the petitioners on the one hand and the 4th respondent on the other shall abide by the terms and conditions of the joint memo filed by them; (b) the first respondent shall take steps for demarcation of the plots allotted, vide proceedings dated 19.09.2008 and deliver possession thereof to the beneficiaries within two months from the date of receipt of a copy of this order; and (c) the 4th respondent shall not have any rights or interests vis-à-vis the land of the petitioners in Survey No.87. There shall be no order as to costs. __________ 13.04.2010 Note: Issue C.C. in one week. (B/o) JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 1239 of 2009 And CONTEMPT CASE No.1280 of 2009 Date: 13.04.2010 JSU