LAWS(SC)-2008-4-149

BANWAR LAL Vs. G KALAVATHI

Decided On April 16, 2008
BANWAR LAL Appellant
V/S
G KALAVATHI Respondents

JUDGEMENT

(1.) These appeals by way of special leave are directed against the judgment and order dated 19th January, 2001, passed by the Andhra Pradesh High Court in Contempt Application No. 1563 of 1999 and Contempt Case No.1819 of 1999, holding that deliberate and wilful acts of disobedience of the orders passed by the High Court, by the Mandal Revenue Officer and also by the other superior authorities had been amply proved and as such they had committed contempt of Court. The High Court then went on to observe as follows:-

(2.) It is clear from the aforesaid order that instead of directing demolition of the construction already made and/or punishing the contemnors, the High Court felt it more appropriate to pass an equitable order directing payment of compensation to the petitioner in the Contempt Case at the rate of Rs.5,000/- per sq. yard as valued by the State itself in an application filed under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, against the predecessor-in-interest of the respondent herein. The said direction was, however, given along with a rider that such compensation would be paid only in the event the land grabbing case was dismissed in favour of the predecessor-in-interest of the respondent herein. Certain other directions were also given regarding the question of maintainability, jurisdiction, propriety or competence of the petitioners in the land grabbing case to continue the same in view of earlier directions given by the High Court, including the direction to institute a civil suit to adjudicate the title to the property. The implementation of the order was stayed for a period of six weeks from the date of the order presumably with the intention of allowing the parties to contest the order before a higher forum.

(3.) It is the said order of the High Court which is the subject matter of challenge in these appeals.