THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CONTEMPT CASE NO.1171 OF 2008 ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) This Contempt Case has been filed alleging wilful violation of order dt.2.8.2007 in Writ Appeal No.537 of 2007. The brief facts leading to the filing of this Contempt Case are that a vacant plot of the petitioner was acquired for establishment of a rythu bazaar. The petitioner filed Writ Petition No.12290 of 2006 wherein the said acquisition was questioned. The learned Single Judge disposed of the said Writ Petition with a direction to the respondents to consider the petitioner’s representation for allotment of a constructed house either under Urban Housing for Poor Scheme or Rajiv Gruha Kalpa Scheme, in case she was found to be eligible for such allotment. Feeling aggrieved by the said order, the petitioner filed Writ Appeal No.537 of 2007. The said Writ Appeal was disposed of by a Division Bench by order dt.2.8.2007 by placing on record the statement of the learned Government Pleader for Revenue that the petitioner will be allotted alternative house site within a period of two months. Alleging that the said order was not complied with, the petitioner filed the present Contempt Case. When the Contempt Case was heard, during one of the hearings of the Contempt Case, learned Government Pleader reported that an alternative site was allotted, but the petitioner did not comeforward to take possession of the same. On the submission of the learned Counsel for the petitioner that the alternative plot was on a hillock, this Court, by order dt.26.12.2008, directed the respondents to consider the feasibility for allotting another plot at a place other than hillock. The District Collector, Visakhapatnam, reconsidered the matter and issued proceedings dt.14.3.2009 wherein it was mentioned that the report dt.2.3.2009 of the Tahsildar, Visakhapatnam (Urban), revealed that the land identified in S.No.55 of Mulagada locality in Visakhapatnam City, for allotment to the petitioner is located in the Ex-Servicemen Colony and the same was provided with necessary civic amenities like roads, drinking water, electricity etc., and that the colony where the house plot is situated is a well-established colony and that it was not feasible to identify another house site in Visakhapatnam City limits. Having considered the said proceedings placed by the learned Government Pleader before the Court, this Court on 16.3.2009 granted interim direction to the respondents to handover possession of the said plot. Today, at the hearing, the learned Assistant Government Pleader for Revenue, appearing for the respondents, placed before this Court a final notice issued on 17.3.2009 by the Tahsildar, Visakhapatam, wherein the petitioner was called upon to be present at the above- mentioned plot at 10.00 a.m. on 19.3.1009 and take possession of the allotted site. A copy of the proposed delivery receipt contained specific boundaries of the plot, which was allotted to the petitioner. Smt. N. Anjana Devi, learned Counsel for the petitioner, submitted that the alternative plot, which was offered to the petitioner, is on a hillock and that therefore the petitioner is not willing to accept the same. In our considered view, by offering an alternative plot, the respondents have complied with the directions given by this Court in Writ Appeal No.537 of 2007. The proceedings dt.14.3.2009 of the District Collector, Visakhapatnam, referred to above reveal that the plot is situated in a developed colony and in the same survey number in which the petitioner’s plot was located and which was taken over by the respondents for the establishment of rythu bazaar. Therefore, we are of the opinion that the respondents have duly complied with the order of this Court by offering an alternative plot. Hence, there is no reason for us to proceed against the respondents in contempt. For the above mentioned reasons, the Contempt Case is dismissed. The petitioner shall be free to take possession of the above mentioned plot offered by the respondents. ______________ ANIL R. DAVE, CJ _______________________ C.V. NAGRARJUNA REDDY, J 28.8.2009 bnr THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CONTEMPT CASE NO.1171 OF 2008 Dt.28.8.2009 Between: M. Paul John Sung … Petitioner And The Deputy Chairman, Visakhapatnam Dock Labour Board, Port Area, Visakhapatnam-35 … Respondent