THE HON’BLE SRI JUSTICE R. SUBHASH REDDY CONTEMPT CASE No.200 of 2010 ORDER: 1 This Contempt Case is ﬁled alleging that the respondents have wilfully and deliberately violated the directions issued by this Court in W.P.No.17420 of 2008, dated 04.12.2008. 2 It is the case of the petitioner that he is the owner and possessor of the house bearing D.No.26- 4-31 situated at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada and the said property was taken possession for construction of road without following due process of law. 3 When it was the case of the respondents in the Writ Petition that they have taken up the road work under the scheme called ‘JNNURM’ and under that scheme they are also allotting house units to the persons who are eﬀected under that scheme, this Court disposed of the Writ Petition by order dated 04.12.2008, directing the respondents to allot house unit to the petitioner under the said JNNURM scheme. 4 In this Contempt Case, the allegation of the petitioner is that in spite of such direction being issued by this Court, though the respondents have demolished the structures belonging to him, no house unit has been allotted to him in compliance of the orders of this Court. 5 When the matter is taken up for hearing, the learned standing counsel appearing for the Vijayawada Municipal Corporation has produced a copy of the proceedings dated 24.01.2009 issued in Rc.G1-118851/2008 wherein it is stated that the Corporation has allotted house unit to the petitioner in F.F-5 at New Raja Rajeswari Peta, Block-5 of Vijayawada. The learned standing counsel further submitted that in view of the interim order passed by this Court in another Writ Petition No.10591 of 2008, constructions were completed, but possession was not handed over to the petitioner. 6 By order dated 04.12.2008 this Court directed allotment of house unit to the petitioner under JNNURM scheme. When the respondents have passed an order dated 24.01.2009 in proceedings Rc.G1-118851/2008, it cannot be said that the petitioner was not allotted the house unit. From the aforesaid proceedings, it is clear that the respondents, in compliance of the direction given by this court, have allotted house unit in F.F-5 at New Raja Rajeswari Peta, Block-5 of Vijayawada. Thus, the respondents have complied with the direction of this Court. But, if possession of the said house unit is not delivered on account of the interim order passed by this Court in another Writ Petition, it cannot be said that there is deliberate and wilful violation on the part of the respondents so as to proceed against them under the provisions of the Contempt of Courts Act, 1971. 7 In view of the proceedings dated 24.01.2009 issued in Rc.G1-118851/2008, I do not ﬁnd any merits in this Contempt Case to proceed further and accordingly this Contempt Case is closed. However, I am sure that subject to the outcome of W.P.No.10591 of 2008, the respondents will do the needful to the petitioner in compliance of the order dated 24.01.2009 issued in proceedings Rc.G1- 118851/2008 by delivering possession of the house unit to the petitioner at the earliest point of time. No costs. -------------------------- R.Subhash Reddy, J. 28.11.2011 Kvsn