THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Contempt Case No.1895 of 2010 Dated 25th March, 2011 Between: Y.Durgamba …Petitioner And Sri Muniraju, Tahsildar, Kadapa, Kadapa District …Respondent Counsel for the petitioner: Sri K.V.Raghu Veer Counsel for respondent: AGP for Revenue The Court made the following: ORDER: This contempt case is filed alleging wilful disobedience of order, dated 15.11.2008, in W.P.No.24137 of 2001. I have heard Sri K.V.Raghu Veer, learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue. The petitioner filed W.P.No.24137 of 2001 for a mandamus to declare the action of the respondents therein in seeking to dispossess her by distributing pattas to the flood victims in respect of Acs.2.00 of land in Survey No.419/1 of Chinna Chowk Village, Kadapa District as illegal. After considering the respective pleadings of the parties, this Court disposed of the said writ petition by order, dated 15.11.2008. This Court in the said order has inter alia observed that the question whether by the time the resumption of the DKT pattas was made, the petitioner purchased the assigned land cannot be adjudicated in the absence of any material and that if the petitioner has purchased the property under registered sale deed before 1994 and she was in possession at the time of resumption of the land, the order of resumption without notice to her would have been illegal. As there was serious dispute regarding the said fact, this Court gave liberty to the petitioner to file a detailed representation to respondent No.2 therein (respondent herein) within a period of four weeks and directed the latter to dispose of the same after giving the petitioner an opportunity of personal hearing, within a period of eight weeks after receipt of such representation. Alleging that the respondent has not disposed of the representation as directed by this Court, the present contempt case is filed. The respondent filed counter affidavit, wherein it is inter alia stated that on receipt of the representation from the petitioner on 11.12.2008, the respondent has issued notice, dated 24.01.2009, in response to which, the petitioner filed certain documentary evidence, that consequent on issuance of an election notification, the respondent was transferred to Chittoor District and relieved on 22.02.2009 and that again he was re-transferred from Chittoor and posted as Tahsildar, Kadapa, and in pursuance of the same, he joined on 05.08.2009. It is further stated that after such re-joining, the respondent examined all the material and documentary evidence furnished by the petitioner and passed order on 06.12.2009. The respondent has accordingly explained the delay of eight months in passing the order. At the hearing, the learned counsel for the petitioner raised a serious dispute regarding the claim of the respondent that he has passed the order on 06.12.2009. He sought to bring out several circumstances to suggest that the respondent has obviously ante dated the order, dated 06.12.2009. In the light of those submissions, this Court has summoned the record from the respondent. The record was accordingly produced, a perusal of which, would show that the file, which is properly paginated, contains the original order, dated 06.12.2009. On a careful examination of the record, this Court is convinced that the respondent has passed the order and signed the same on 06.12.2009. Though the learned counsel for the petitioner submitted that a copy of the said order was not furnished to the petitioner till now, that by itself would not give rise to a presumption that the order has been ante dated. For the above-mentioned reasons, I do not find any reason to proceed with the contempt case against the respondent, as the petitioner failed to make out a case of wilful disobedience of the order of this Court. The respondent has properly explained the delay of eight months in passing the order. The contempt case is accordingly dismissed with liberty to the petitioner to avail appropriate remedy against the order, dated 06.12.2009. C.V.NAGARJUNA REDDY, J 25th March, 2011 VGB