IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Contempt Case No.292 of 2011 Between: Kasagani Suryanarayana and 3 others ..... Petitioners AND 1.The Government of Andhra Pradesh, rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad, and 6 others. .....Respondents Counsel for the Petitioners: Sri V.V.Satish Counsel for respondent Nos.1 to 6: ----- Counsel for Respondent No.7: Smt.I.Maamu Vani The Court made the following: Order: This Contempt Case is filed alleging willful disobedience of Order, dated 1st March, 2011, passed by this Court in WPMP.No.6145 of 2011 in WP.No.4958 of 2011, by respondent No.7. The petitioners herein filed the afore-noted Writ Petition assailing the resolution passed by respondent No.5- Garuvu Gram Panchayat, Penumantra Mandal, West Godavari District, in favour of respondent No.7, permitting him to establish a poultry farm on his land. In WPMP.No.6145 of 2011 filed in the said Writ Petition, this Court, while ordering notice to respondent No.7, suspended the said resolution pending further orders. In this Contempt Case, the petitioners pleaded that despite suspension of the resolution, respondent No.7 was going ahead with the construction of the poultry shed. Respondent No.7 has filed a counter-affidavit wherein it has been inter alia averred that on the strength of the resolution passed by Garuvu Gram Panchayat and permission granted by the Revenue Divisional Officer on 09-02-2011, he has started construction of sheds on 19-02-2011; that as he developed health problem, he has taken treatment from Doctor Ch.Prabhakar Rao of Kovvur from 02-03-2011 to 08-03-2011; that in his absence, his son was supervising the work; that after recovering from ill health, when respondent No.7 was proceeding with the construction work on 10-03-2011, he has received communication from the Secretary of Garuvu Gram Panchayat to the effect that this Court has granted stay and; that he should stop the construction work. Accordingly, respondent No.7, purportedly, stopped the construction work immediately. In compliance with the direction issued by this Court, respondent No.7 has appeared before the Court in person on 15-06-2011 and the learned Counsel for the contemnor made a statement that the construction work has already been stopped. Today, at the hearing, the learned Counsel for the contemnor has stated that the petitioners herein have filed W.P.No.12859 of 2011 questioning the permission granted by the Revenue Divisional Officer, Kovvur, in favour of the contemnor and that no interim order has been granted therein. She further stated that the vacate stay petition, filed by the contemnor in the present Writ Petition, is expected to be taken up for hearing shortly and that so long as the interim order granted in this case remains in force, the contemnor will not resume the construction work. In the light of the stand taken by the contemnor, I am of the opinion that the contemnor has not indulged in deliberate violation of the order of this Court and that the construction made upto 10-03-2011 appears to be on account of non-communication of the interim order of suspension passed by this Court. Therefore, I do not propose to continue the contempt proceedings any further. Placing on record the undertaking given by the learned Counsel on behalf of the Contemnor, the Contempt Case is closed and the contemnor is discharged from the Contempt proceedings. ______________________ (C.V.Nagarjuna Reddy, J) 21st June, 2011 lur