IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.628 of 2011 Between: Mir Afsar Ali & others. … Petitioners And Sri Goutham Kumar, IPS, Principal Secretary to Government, Govt., of A.P., Home Department, Hyderabad and another. … Respondents Counsel for the petitioners: Sri M.V.S. Suresh Kumar Counsel for the respondents: Sri N. Sridhar Reddy Special Government Pleader This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.628 of 2011 ORDER:- This contempt case is ﬁled alleging wilful disobedience of order, dated 11.03.2011, in C.C.No.38 of 2011. The complaint of the petitioners is that despite the order passed in C.C.No.38 of 2011, the respondents have violated the said order and raised constructions in TS.No.4 (part) and TS.No. 5 (part), Block-H, Ward 10, Road No.12, Shaikpet Village, Banjara Hills, Hyderabad. In order to ascertain the true position on ground, this Court has appointed a team of surveyors by order, dated 05.08.2011, for survey and demarcation of the properties concerned and submit their report. Accordingly, a detailed report has been submitted along with maps. The petitioners have ﬁled the objections to the survey report. Sri M.V.S. Suresh Kumar, learned counsel for the petitioners, submitted that the surveyors have not carried out the survey in a proper and correct manner and that therefore no reliance can be placed upon such survey reports. Sri N. Sridhar Reddy, learned Special Government Pleader, submitted that a perusal of the survey report shows that survey was properly carried out and that the survey report reveals that except a small part of sump, no other structure is constructed over the land, which is being claimed by the petitioners. The scope of contempt is limited as to whether the respondents have deliberately violated the order of this Court or not. The petitioners have not attributed any mala fides to the team of surveyors. Even assuming that the surveyors have bona fide committed mistakes, this Court need not go into the correctness or otherwise of the survey report. As the survey team has found that no structures have come up except to the extent of a sump over a small portion claimed by the petitioners, I do not ﬁnd any reason to proceed against the respondents for the purpose of punishing them in contempt case. The contempt proceedings, being quasi criminal in nature, unless deliberate intention on the part of the contemnors is pleaded and proved, they cannot be punished. In the face of the survey report, it cannot be said that either of the respondents have violated the orders of this Court by raising constructions over the disputed land. In this view of the matter, the contempt case is dismissed. However, since the learned counsel for the petitioners has raised serious doubts about the correctness of the survey report and the maps enclosed thereto, it is directed that the said report and the maps shall not be used for any other purpose in future. As a sequel, Contempt Application.No.451 of 2011 is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 30.11.2011 ES