THE HONOURABLE MS. JUSTICE G.ROHINI CONTEMPT CASE NO:1348 OF 2011 DATED:02.12.2011 BETWEEN: U.SIVA PRASAD …PETITIONER AND M.T.KRISHNA BABU & ANOTHER. …RESPONDENTS. THIS COURT MADE THE FOLLOWING: THE HONOURABLE MS. JUSTICE G.ROHINI CONTEMPT CASE NO:1348 OF 2011 ORDER: This contempt case is filed alleging violation of the interim order passed by this Court on 09.06.2011 pending W.P.14110 of 2011 which reads as under: “Notice. Pending further orders, the petitioner shall not be disposed from the property in question without following due process of law.” It is alleged by the petitioner that in spite of the said order, on 22.09.2011, respondents-2 and 3 started digging the lands of the petitioner with bull dozer and interfering with his property. Separate counter affidavits have been filed by respondents-1 and 2. In the counter affidavit of 1st respondent, the petitioner’s allegation that the respondents have interfered with the possession of the petitioner in respect of his plot, has categorically been denied and it is explained as under: “It is humbly submitted that during month of August 2011, in order to clear the encroachments made on the existing 80’-0’ road in front of petitioner’s plot without affecting any damage to the petitioner’s schedule property as per the approved lay out of the A.P. Housing Board, attempt is made to demarcate 80’-0’ road by digging trenches for laying of 80’- 0’ wide road from the center divider to achieve 40’-0’ wide road.” Admittedly, the plot in question is a vacant plot and the main writ is still pending. Moreover as could be seen from the pleadings, there appears to be a dispute with regard to the identity of the plot. Therefore, in my considered opinion, it is not a fit matter to entertain the proceedings under the Contempt of Courts Act. Accordingly, contempt case is closed leaving it open to the parties to urge their contentions in the writ petition, which is still pending. No costs. _______________ Justice G.Rohini. Date:02.12.2011 Gurc. THE HONOURABLE MS. JUSTICE G.ROHINI CONTEMPT CASE NO:1348 OF 2011 DATED:02.12.2011