THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Contempt Case No.224 of 2011 Dated 19th July, 2011 Between: Chintalapati Sudershana Raju and another …Petitioners And 1.P.Rama Mohan Rao and another …Respondents Counsel for the petitioners : Sri K.Mahesh Counsel for the respondents: AGP for Forests The Court made the following: Order: This Contempt Case is filed alleging wilful disobedience of Order, dated 12-07-2010, passed by this Court, in W.P.No.1992 of 2009. In W.P.No.1992 of 2009, filed by the petitioners herein, this Court by Order, dated 12-07-2010, while disposing of the said Writ Petition, held that in the face of the admission by the respondents that the petitioners have raised cashew nut and coconut gardens in Survey No.212, it is not permissible for the former to forcibly take possession of the property, without following the procedure prescribed under Section 20 (3) of the A.P. Forest Act, 1967 (for short ‘the Act’), and issue notification for auctioning the forest produce. Accordingly, while setting aside the auction notification, respondent No.1 herein was directed to initiate proceedings under Section 20 (3) of the Act, by issuing notice to the petitioners and on receipt of the explanation, if any, from the petitioners, he was further directed to consider the same and pass appropriate orders thereon. In this Contempt Case, filed alleging violation of the said Order, it is inter alia alleged that despite the categoric and unequivocal Order passed in the Writ Petition referred to above, respondent No.1 has issued auction notification, dated 17-01-2011, proposing to conduct auction of cashew nut and coconut produce on 04-02-2011 and 11-02-2011. The petitioner alleged that this act is in blatant violation of the Order of this Court passed in the Writ Petition. Initially, a counter-affidavit and an additional counter- affidavit were filed by respondent No.1, on behalf of both the respondents, wherein he sought to justify the said action. However, on their personal appearance and on realisation that the said act constitutes violation of the Order passed by this Court in W.P.No.1992 of 2009, respondent No.1 filed a fresh affidavit, on behalf of both the respondents, wherein he sought for permission of this Court to withdraw the counter-affidavit and also the additional counter-affidavit. H e inter alia stated that auction notice, dated 17-01-2011, was issued without proper understanding of the Order passed in the Writ Petition and that on realising the same, he has not only withdrawn the said notice, but also final notice, dated 24-11-2010, issued by the Forest Range Officer, Yelamanchili, and notice, dated 28-04-2011, issued by him. It is further stated that a showcause notice, under Sub-section 3 of Section 20 of the Act, was issued to the petitioners on 09-07-2011, as directed by this Court in the Writ Petition. The respondents have also offerred unconditional apologies to this Court for issuing earlier notice and other proceedings. In the light of the convincing explanation offered by the respondents and the corrective steps taken by them, I do not propose to proceed further in this Contempt Case against them. Accordingly, the Contempt Case is closed and the respondents are discharged from the contempt proceedings. As a sequel to closure of the Contempt Case, Application Nos.174 and 484 of 2011 are disposed of. ___________________________ (C.V.NAGARJUNA REDDY, J) Dated 19th July, 2011 lur