SHANKAR @ SHANKAR RAO Vs. R.H. SHASTRY

JUDGEMENT

(1.) THIS contempt petition is presented on the premise that the respondents -accused as many as seven in number [persons starting from Mr. R.N. Shastry, Secretary, Mr. C. Mohan, Chief Engineer, Mr. Jagannath Halinge, Superintending Department, Shivaputrappa Kalagi, Executive Engineer, Mr. Shriniwas Potdar, Asst. Executive Engineer, Mr. Satyamurty, Deputy Commissioner, Mr. Ravikiran Onti, Special Land Acquisition Officer,] have disobeyed and disregarded the direction contained in this court's order dated 6.2.2006, copy produced at Annexure -A. Such disobedience and disregarding of the order is a deliberate act and in violation of the writ of Mandamus issued by this Court and tantamount to an act of Contempt of Court on the part of the respondents -accused and therefore, they have rendered themselves liable for punishment in accordance with the provisions of the Contempt of Courts Act, 1971. When the matter had come up for preliminary hearing on 6.1.2009, this Court ordered issue of Emergent Notices to the respondents -accused.

(2.) THE learned Government Advocate appearing for the respondents -accused persons has placed an affidavit along with Annexures before this Court as indicated in the order sheet dated 16.3.2009 in this case. This Court by order dated 16.7.2009 had directed the learned Government Advocate to secure the entire original records and accordingly when the records were placed before the court, this Court examined the record with reference to the counter affidavit filed by and on behalf of the respondents and the Annexures produced along with the counter affidavit and being not satisfied with the correctness of the assertions made in the counter affidavit passed the following order on 20.7.2009.

(3.) WE have perused the survey map of the village marked as Ex. R1 along with the village map available in the original file. In the said map, the lands bearing survey numbers 62, 63 and 65 along with other survey numbers to an extent of 45.39 guntas of land marked in blue pencil in the said village map proposing the said survey numbers for acquisition of land for minor irrigation as per the village peasants request. The village map available in the original record and Annexure R1 produced in this case do not tally. Therefore, we feel that it would be just and proper for us to direct the Assistant Commissioner of Sedam Sub -division to visit the village, conduct the spot inspection of the survey numbers of the said village and find out which are the survey numbers of lands which are submerged in the tank of the village constructed by the Minor Irrigation Department and further indicate as to whether Survey numbers 62, 63 and 65/3 of the complainant lands are in fact submerged with the tank or will be submerged with the tank, if the tank will be filled up to optimum level during rainy season with reference to the original records of the Minor Irrigation Department by taking the assistance of the Taluka Surveyor. The Assistant Commissioner is also required to examine the total estimation of the tank for the purpose of acquisition of the land and what is the proposed area of the survey numbers of the village proposed for acquisition and he shall submit a report within ten days from the date of receipt of a copy of this order. The complainant and The Assistant Executive Engineer, Minor Irrigation Department, Chincholi, Gulbarga District -respondent no. 5 shall appear before the Assistant Commissioner on 23.7.2009 at 11.00 AM for fixing the date for conducting the spot inspection.