IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.38 of 2011 Between: Smt. Ghousia Begum & others. ..... Petitioners AND Sri Anil Chandra Punita & others. .....Respondents Counsel for the petitioners: Sri S.R. Ashok, Senior Counsel for Sri M.V. Suryanarayana Counsel for the respondents: Special Government Pleader The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.38 of 2011 ORDER: This contempt case is filed to punish the respondents under Sections 10 and 12 of the Contempt of Courts Act, 1971 for willful disobedience of order dated 02.12.2010 in Writ Petition No.29269 of 2010. There is a dispute over the land admeasuring Ac.5.00 in Town Sy.Nos.4 part and 5 part, Block ‘H’, Ward No.10, Banjara Hills, Hyderabad. While the application of the petitioners for permission to alienate the abovementioned land is pending before respondent No.1, the petitioners have filed Writ Petition No.29269 of 2010 for multiple reliefs. This Court, while disposing of the said Writ Petition, has taken note of the submission of the learned Special Government Pleader appearing for the learned Advocate General that the land admeasuring Ac.8.10 guntas in Sy.No.403, Shaikpet Village was allotted to respondent No.5 in the Writ Petition and that having regard to the recent events causing disturbance to law and order, respondent No.5 is seeking to construct barracks over a part of the land allotted to it and that as an initial step towards this direction, a compound wall is being constructed with a plan to construct six barracks for the present. That as the petitioners are claiming land over Town Sy.Nos.4 part and 5 part and Sy.No.4 is being occupied by Nala, respondent No.5 will avoid construction of barracks on both Sy.Nos. 4 and 5 till the disposal of the petitioners’ application by respondent No.1. Alleging that the respondents have constructed a compound wall, after disposal of the Writ Petition, over the land being claimed by the petitioners, the present contempt case is filed. A counter affidavit has been filed by the District Collector, Hyderabad, respondent No.3, wherein it is inter alia stated that except raising the compound wall and constructing four barracks, no construction has been raised in any part of the land in T.S.Nos.4P and 5P. On a perusal of the order passed in the Writ Petition, it is quite evident that the statement of the learned Special Government Pleader that except raising compound wall, barracks will not be constructed over T.S.Nos.4 and 5 was placed on record while disposing of the Writ Petition. Neither there is an undertaking on the part of the learned Special Government Pleader that compound wall will not be constructed over the part of the disputed site nor was any direction to that effect given by this Court. Having regard to these facts of the case, I am of the opinion that the petitioners failed to make out any case for contempt. The learned Special Government Pleader submitted that till disposal of the application filed by the petitioners by respondent No.1, the police department or any other Government functionary will not raise further constructions of any nature over the part of the disputed land. This statement of the learned Special Government Pleader is placed on record and the contempt case is closed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 11.03.2011 ES