THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CONTEMPT CASE No.1782 of 2010 ORDER: This contempt case is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971, alleging that the respondent herein has willfully and deliberately violated the order dated 29.03.2007 passed by this Court in W.P.No.14194 of 1998. The petitioner Society was allotted the land to an extent of Ac.61.20 gts. in S.No.127 situated in Yousufguda, Hyderabad, vide the Government orders in G.O.Ms.No.1194 dated 18.12.1974 and G.O.Ms.No.1014 dated 26.03.1981. It is the case of the petitioner that though it is in possession of the said land allotted to it, the land to an extent of Ac.0.02 gts., out of Ac.61.20 gts. allotted to it, was allotted to the Special Officer-cum-Commissioner, Municipal Corporation of Hyderabad, Hyderabad, and the Commissioner, Social Welfare Department, Hyderabad, and they are trying to construct Social Welfare Hostel, a Health Center and a School by taking steps for its dispossession. In the writ petition, it was the case of the respondents that though the petitioner was entitled only to an extent of Ac.61.20 gts. of land, it was in physical possession of the land admeasuring Ac.65.33 gts. and thus, it necessitated them to take back the excess land of Ac.4.13 gts. As there was a dispute with regard to the extent of land that was in possession of the petitioner, this Court passed order dated 29.03.2007 in W.P.No.14194 of 1998 directing the 3rd respondent therein, who is the respondent herein, to issue notice to the petitioner Society for the purpose of conducting survey and demarcation of the land. The grievance of the petitioner is that though survey was conducted, no final orders are passed in compliance of the orders of this Court. The respondent filed a detailed counter affidavit, wherein while denying the various allegations made by the petitioner, it is stated that as per the directions of this Court, survey was conducted by giving notice to the petitioner Society, and the Deputy Director, Survey & Land Records, has submitted a survey report in letter No. A5/802/2008 dated 31.08.2009 stating that the petitioner Society has encroached into the Government land to an extent of Ac.3.18 gts. It is also stated that an extent of Ac.61.20 gts., which was originally allotted to the petitioner Society, is not at all touched by the Government, as such, there was no question of taking any further action, and the notice board erected by the Revenue Department is in the Government site, but not in the petitioner’s site. Learned counsel for the petitioner submitted that in spite of submitting survey report by the Deputy Director of Survey and Land Records, in letter No.A5/802/2008 dated 31.08.2009, no further final orders are passed by the respondent. From a perusal of the order dated 29.03.2007 passed in W.P.No.14194 of 1998, it is to be noticed that there is no direction to pass any orders, but it was made clear that if the petitioner is in possession of the land more than Ac.61.20 gts, it is open for the Government to take back its land. Admittedly, the survey was conducted in compliance of the orders of this Court. In the said survey, it was found that the petitioner Society has encroached into the Government land to an extent of Ac.3.18 gts, therefore, notice board was erected by the Revenue Department in the said land showing the same as Government land. In these circumstances and in the absence of any specific direction of this Court to pass any further orders based on survey report, it cannot be said that the respondent has not taken steps in compliance of the orders of this Court and he has willfully and deliberately violated the orders of this Court. Thus, the contempt case is devoid of merits. Accordingly, the contempt case is dismissed. ________________________ JUSTICE R.SUBHASH REDDY 26.04.2011 v v