THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.1299 of 2010 Dated:28.04.2011 Between: N.Hanumantha Rao, S/o.Late N.Kishtaiah. …Petitioner and Shri Chandra Prakash, Executive Officer, Gram Panchayat, Boduppal, Ghatkesar Mandal, Ranga Reddy District. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.1299 of 2010 ORDER: The petitioner, who is the owner of agricultural land in survey No.152 admeasuring Ac.1.26 guntas in Uppal Baghat Village of Uppal Mandal in Ranga Reddy District, filed a writ petition, being W.P.No.7398 of 2010, aggrieved by the action of the Gram Panchayat, Boduppal, in allegedly laying drainage pipelines in petitioner’s land. The writ petition was disposed of by this Court recording the submission of the Standing Counsel for the Gram Panchayats that drainage pipelines are being laid in the Government land and that no piece of petitioner’s land is being used for the purpose. In this contempt case it is alleged that the Gram Panchayat opened the pipelines into the petitioner’s land causing damage to his land. This court admitted the contempt case and ordered notice in Form No.I for appearance of the respondent. As he did not appear, this Court ordered warrant. Subsequently, the contemnor moved an application under Section 70(2) of the Code of Criminal Procedure, 1973. The same was allowed and the respondent filed counter affidavit on 07.09.2010 duly serving a copy thereof on the petitioner’s Counsel. In the counter affidavit the Panchayat Secretary of Boduppal would submit that the drainage pipelines were laid in the land adjacent to the petitioner’s land, that no pipeline was laid in the petitioner’s land and that the land where pipelines are laid is a Government land. The matter was listed before this Court again on 15.04.2011. As the petitioner’s Counsel disputed the statement of the respondent in the counter affidavit, an affidavit has been filed on 15.04.2011 stating that the Gram Panchayat has taken steps to stop flow of drainage water to the land of the petitioner duly closing the drainage towards the land of the petitioner. It is further stated that the Gram Panchayat would acquire the land of the petitioner if it is required for laying the drainage pipelines. Though the Counsel sought time for filing reply and sufficient time has been granted, no reply affidavit is filed. The counter averments, therefore, remain uncontroverted. Counsel for the respondent submits that as a temporary measure the Gram Panchayat has diverted the drainage pipelines into the unused open well and necessary steps are being taken to let out the water into the Government land. The statement is accordingly recorded. As the counter averments remain uncontroverted and the Gram Panchayat has already taken steps to prevent the flow of drainage water into the petitioner’s land, the Contempt Case is misconceived, and the same is accordingly dismissed. _______________ (V.V.S.RAO, J) 28.04.2011 vs