Routhu Saidabai VsRahul Raj

The present Contempt Case is filed by the petitioners complaining willful and deliberate disobedience of the order dated 06.01.2021 passed by this Court in W.P.No.440 of 2021 by the respondents herein.

Heard Sri Gajanand Chakrawarthy, learned counsel for the petitioners and Sri A.Sanjeev Kumar, learned Special Government Pleader, representing respondent Nos.1, 4 and 5 and the learned Assistant Government Pleader for Home, appearing for the respondent Nos.2 and 3. Perused the record.

The petitioners herein, claiming to be the owners of the land admeasuring Ac.8-18 guntas in Sy.No.59/9/A, and admeasuring Ac.2.10 guntas in Sy.No.29/2 respectively situated at Chintalamanepally Village and Mandal, Kumrambheem Asifabad District, filed the above said Writ Petition vide W.P.No.440 of 2021 to declare the action of the respondents therein in acquiring their lands without initiating any land acquisition proceedings, without paying compensation and without following due procedure, as illegal.

This Court on 06.01.2021 passed the following order:-

""Learned Government Pleader for Land Acquisition, on instructions, would submit that the respondent authorities have decided to acquire the land belongs to the petitioners i.e. Ac.08.18 guntas in Survey No.59/9/A and Ac.2.l0 Guntas in Survey No.29/2 situated at Chintalamanepally Village and Mandal, Kumrambheem Asifabad District, for construction of police station, The respondent authorities will follow the procedure laid down under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 (for short, 'the Act,2013'). The proceedings are at initial stage. He seeks two weeks time to file counter.

List on 03.02.2021.

Till the said procedure laid down under the said Act, 2013 is completed, the respondents are directed not to dispossess the petitioner from the said subject land."

According to the petitioners, they have communicated copy of the said order to the respondents through Registered Post and even then the respondents highhandedly dispossessed the petitioners from their respective lands and proceeded with the construction of Chintalamanepally Police Station.

On the other hand, the Respondent No.4-the Revenue Divisional Officer, has filed counter contending that the Government has vast extent of land i.e. Ac.480 in Sy.No.59/1 (Porampoke land) situated at Chintalamanepally Village and Mandal, Komarambheem Asisfabad District. The 1st respondent has requested the 5th respondent-The Tahasildar, for allotment of the suitable Government land for construction of Police Station Building and the Police Headquarters at Chintalamanepally Village vide Lr.No.C.No.01/831/B3/Land/KBM-ASF/2019, dated 07.03.2019. On the said request, 5th respondent has identified the Government land to an extent of Ac.1.80cents in Sy.No.59/1 Porampoke (PP) situated at Chintalamanepally Village. 1st respondent-The District Collector, has granted permission for construction of Police Station and Police Headquarters vide proceedings dated 24.12.2019. Accordingly, the survey and Panchanama was conducted on 03.02.2020 and possession of the land to an extent of Ac.1.32guntas in Sy.No.59/1(Porampoke) was handed over to 3rd respondent-The Station House officer, Chintalamanepally Police Station, on 04.02.2020. The construction of Police Station and Headquarters are almost completed. The petitioners' lands were not effected and not acquired by the respondents for construction of the Police Station and Police Headquarters. The petitioners' lands are situated far away from the Police Station and Police Headquarters buildings. The Mandal Surveyor, IKP has served notices to the petitioners on 26.02.2021 before conducting survey. The Survey and Panchanama was conducted in the presence of the petitioners on 01.03.2021. As per the said survey, the petitioners' lands are not effected. The petitioner No.1 and son of petitioner No.2 has attended for survey and signed the panchanama. He has filed vacate petition to vacate the interim order dated 06.01.2021 in W.P.No.440 of 2021. He has great respect to the orders of the Judiciary and he has not flouted the order of any Court of law at any point of time. He tenders unconditional apology for any lapse on his part in implementing the orders of this Court.

With the said submissions, the 4th respondent sought to close the Contempt Case.

The counters filed by respondent Nos.1 and 5 are almost on the same lines that of 4th respondent.

3rd respondent has also filed counter contending that the 1st respondent has allotted land, the 4th and 5th respondents have identified the government land admeasuring Ac.1.80 cents in Sy.No.59/1 (Porampoke land) situated at Chintalamanepally Village and Mandal Komarambheem Asifabad District, for construction of Police Station and Police Headquarters buildings and handed over the same under cover of panchanama. The respondent Police are nothing to do with the acquisition of land etc. They have made the construction in the land allotted for the purpose of construction of Police Station and Police Headquarters buildings. The petitioners unnecessarily involved the Police into the said litigation. They never interfered with the lands belong to the petitioners in violation of order dated passed by this Court in W.P.No.440 of 2021.

With the said submissions, he sought to close the Contempt Case.

The petitioners herein have filed reply to the counter filed by the respondents. According to them, the respondents have willfully and deliberately disobeyed the orders dated 06.01.2021 passed by this Court in W.P.No.440 of 2021. The respondents have disposed the petitioners from their lands to an extent of Ac.1.32guntas in Sy.No.59/9/A, without initiating any land acquisition proceedings and without paying compensation. The respondents have narrated a story that mistakenly they have given wrong instructions to the learned Government Pleader. The petitioner No.1's land also got effected to an extent of Ac.1.32guntas in Sy.No.59/9/A and respondent authorities have constructed police station and police Headquarters building. The Mandal Surveyor has served notices to the petitioners and also conducted panchanama, demarcated the land by fixing boundaries and the petitioners acknowledged the same being illiterate and poor persons. Panchanama was also issued to the petitioners. The respondents authorities, being responsible Officers, tampered and fabricated the panchaanama dated 01.03.2021 and the respondent No.4 filed a copy of said fabricated panchanama along with vacate petition in Writ Petition before this Court by inserting "that the petitioners lands are not getting effected for construction of Police Station Building and Head quarter Building" A close perusal of the said pancahnama, there is difference in handwriting and also use of different ball pen and inserting the above said words taking advantage that the petitioners are illiterate and poor persons. But fact remain that the respondent authorities highhandedly acquired the petitioners' land to an extent of Ac.1.32 guntas out of Ac.8-18guntas in Sy.No.59/9A and constructed the police station and police headquarters buildings.

4th respondent has also filed rejoinder to the reply affidavit filed by the petitioners. In the said rejoinder, it is stated that after conducting survey, it has come to the light that the said lands belongs to Government and the land belongs to the petitioner is situated far away from the subject land. The land has been allotted to an extent of Ac.1.32guntas from the Government land in Sy.No.59/1(PP) for constructions of Police Station and Police Headquarters at Chintalamanepally village and Mandal and the petitioners have never been dispossessed by the respondents from his patta land and his land also not effected for the said construction. During the said short period of time due to oversight, he has not given correct information to Government Pleader for Land Acquisition. Upon said information, this Court was pleased to pass interim orders at the admission stage. As the allocation of land made for the construction of Police Station is from the Government land i.e. in Sy.No.59/1(PP), the land acquisition process has not been initiated in this case, hence, the acquisition of land of the petitioners for the said purpose is not required. It is further stated that after interim orders passed by this Court, a survey has been conducted and panchanama was also prepared on 01.03.2021 along with location map. 1st petitioner and son of 2nd petitioner were present at the site and signed the panchanama. Therefore, the respondents never violated or disobeyed the orders passed by this Court. It is also further stated that the respondents are prepared to conduct survey once again under the supervision of the Judicial Officer, if any, appointed by this Court, with the help of Deputy Inspector of Survey, Office of the Revenue Divisional Officer, Kagaznagar Division to find out the location of the land.

The above stated facts would reveal that there is no dispute that the petitioners herein are absolute owners and possessors of land admeasuring Ac.8-18guntas in Sy.No.59/9/A, and in Sy.No.29/2 admeasuring Ac.2.10 guntas, situated at Chintalamanepally Village and Mandal, Kumrambheem Asifabad District. They have field the above said Writ Petition vide W.P.No.440 of 2021 complaining that the respondents therein, without initiating any land acquisition proceedings and without paying compensation, dispossessed the petitioners from the subject property for the purpose of construction of Police Station and Police Headquarters.

The said writ petition came up for admission on 06.01.2021. this Court, recording the submission made by the learned Government Pleader for Land Acquisition, on instructions, directed the respondents not to dispossess the petitioners from the subject land till the procedure laid down under the Act, 2013 is completed. The petitioners herein have communicated the said order through the Registered Post to respondents on 16.04.2021. During the course of arguments, Sri A.Sanjeev Kumar, learned Special Government Pleader appearing for Learned Additional Advocate General submitted that the respondents have received copy of the order on 15.01.2021 itself. Therefore, they have knowledge of the said order on 15.01.2021.

It is also relevant to note that the said order dated 06.01.2021 in W.P.No.440 of 2021 was passed after hearing the learned Government Pleader for Land Acquisition and also the learned Government Pleader for Home. On instructions, learned Government Pleader has made submissions and the same were recorded and therefore, this Court has directed respondents not to dispossess the petitioners from the subject land till the said procedure laid down under the said Act, 2013 is completed. Therefore, the respondents are having knowledge of the order dated 06.01.2021.

In the present Contempt Case, the respondents are contending that on the request of the 1st respondent, 5th respondent has allotted the land to an extent of Ac.1-32 guntas in Sy.No.59/1PP (Porampoke) of Chintalamanepally Village and Mandal for the purpose of construction of Police Station and Police Headquarters. Panchanama was conducted on 03.02.2020 and possession was handed over on 04.03.2020. The respondent Nos.3 and 5 have filed copy of the said panchanama dated 03.02.2020. A perusal of the said panchanama would reveal that the petitioners herein were not put on notice. In the panchanama, it is also mentioned that the land admeasuring Ac.1.32 guntas in Sy.No.59/1PP was identified and after survey, boundaries were fixed. Thus, said survey was conducted behind the back of the petitioners. Though the petitioners are absolute owners and possessors of land admeasuring Ac.8-18 guntas in Survey No.59/9/A and Ac.2.l0 Guntas in Survey No.29/2 situated at Chintalamaanepally Village and Mandal, Kumrambheem Asifabad District, the respondents have not served any notice on the petitioners before conducting said survey.

It is also relevant to note that the respondents are now contending that after passing of the interim order dated 06.01.2021 in W.P.No.440 of 2021, they have again conducted survey on 01.03.2021 duly serving notice on the petitioners dated 26.02.2021. In the said survey, the 1st petitioner and son of the 2nd petitioner were participated. According to them, they have identified the subject property allotted for the purpose of construction of Police Station is Ac.1.32 guntas in Sy.No.59/1PP situated at Chintala Manepalle Village and Mandal, Kumrambheem Asifabad District.

It is relevant to note that the respondent No.4 herein had filed counter and vacate petition in W.P.No.440 of 2021 on 26.03.2021. Along with the said counter, he has enclosed a copy of the said panchanama, dated 01.03.2021. Learned counsel for the petitioner has filed a reply to the counter filed by the respondents along with a copy of the pancahnama which was filed by the 4th respondent along with the counter filed in the W.P.No.440 of 2021.

A perusal of both the said panchaanamas would reveal that there is insertion of a sentence i.e. "the petitioners' lands are not effected for construction of the Police Station building and Headquarters building" and hence confirmed. The said sentence is missing in the panchanama filed by the 4th respondent along with the counter filed by him in the Contempt Case. Thus there is tampering of the said pancahnama dated 01.03.2021. Learned counsel for the petitioner has specifically pointed out the said tampering.

Sri A.Sanjeev Kumar, learned Special Government Pleader, representing Addl.Advocate General, submitted that the original panchanama is missing from the file and the District Collector has also initiated disciplinary proceedings against the person responsible for missing of the said file. The said facts would reveal that the respondents have prepared survey dated 01.03.2021 and filed the same along with the counter and vacate petition in W.P.No.440 of 2021 by inserting the said sentence. They have done so only to cover up their illegal act/lapse which clearly shows willful disobedience on their part and willful and deliberate violation of the order dated 06.01.2021 passed by this Court in W.P.No.440 of 2021.

It is relevant to note that in the rejoinder filed by the 4th respondent to the reply affidavit filed by the petitioners to the counters filed by the official respondents, in paragraph No.2 he has stated that this Court has 'disposed of' W.P.No.440 of 2021 vide order dated 06.01.2021 recording the undertaking given by the respondents that they would initiate acquisition proceedings under Land Acquisition Act. In fact, the order dated 06.01.2021 is an interim order. It is not a final order. Writ Petition is pending and it is not disposed of by this Court. The 4th respondent, being the responsible Officer filed the said rejoinder affidavit without verifying the facts properly.

They came to know about the interim order dated 06.01.2021 on 15.01.2021. They have filed counter and vacate petition only on 26.03.2021. From 15.01.2021 to 26.03.2021, they have not taken any steps seeking modification of the order dated 06.01.2021 on the ground that the said order was passed on the instructions given by them to the learned Government Pleader for Land Acquisition mistakenly. The petitioners herein have filed the present Contempt Case on 09.02.2021. Thus, the respondents have not taken any steps seeking modification of the order dated 06.01.2021 in W.P.No.440 of 2021 even now. They have filed counter only on 26.03.2021 in the Writ Petition contending that the said order dated 06.01.2021 was passed due to the instructions given to the learned Government Pleader for Land Acquisition mistakenly. They have not taken any steps much less proactive steps seeking modification of the said order and to vacate the said order. There is tampering of panchanama dated 01.03.2021. Earlier panchanama dated 03.02.2020 was in the absence of the petitioners herein. Now the respondents are contending that the land belongs to the petitioners is far away from the subject land which was allotted for the purpose of construction of Police Station and Police Headquarters.

It is the specific assertion of the petitioners that the respondent authorities have dispossessed them from the land to an extent of Ac.1.32guntas in Sy.No.59/9/A belongs to the 1st petitioner. It is not in dispute that the 1st petitioner is absolute owner and possessor of the land admeasuring Ac.8-18guntas in Sy.No.59/9/A of Chinthala Manepalle Village and Mandal, Kumrambheem Asifabad district. The respondents have conducted earlier pancahnama dated 03.02.2020 beyond back of the petitioner and there is tampering in the panchanama dated 01.03.2021. Thus, the respondents have deliberately, willfully and intentionally violated the order dated 06.01.2021 passed by this Court in W.P.No.440 of 2021. It is also relevant to note that the respondents never requested this Court to take up the vacate application filed by them in W.P.No.440 of 2021 even after receipt of notice in the present Contempt Case. The said approach of the respondents would reveal that they have deliberately and intentionally violated the order dated 06.01.2021 in W.P.No.440 of 2021. The District Collector, being the head of the District, cannot claim ignorance of the present proceedings and the respondent Nos.2 and 3, having knowledge of the order dated 06.01.2021, cannot claim that they are not proper parties to present litigation and the petitioners have dragged them to the present litigation. According to this Court all the respondents are responsible for these circumstances and they are deliberately and willfully violated the order dated 06.01.2021 in W.P.No.440 of 2021. Therefore, they are liable for punishment for the same.

In view of the above discussion, this Contempt Case is allowed, and

i) The respondent Nos.1 to 5 are sentenced to suffer two (2) months imprisonment and to pay a fine of Rs.2,000/- each within four (4) weeks from today.

ii) The sentence of imprisonment imposed on respondents is suspended for a period of four (4) weeks from today.

As a sequel thereto, Miscellaneous Petitions, if any, pending in this Contempt Case stand closed.