B VIJEYENDER REDDY Vs. MD YOUSUF

JUDGEMENT

(1.) The petitioner claims to be the owner of land admeasuring Ac.0.17 guntas in S.No 131 and Ac.0.34 guntas in S.No.137 of Thokatta Village. The Tahsildar, Secunderabad issued a notice under Section 7 of A.P. Land Encroachment Act, 1905 on 23.5.1983. He gave an explanation contending that he is not an encroacher that he is the owner of the land and that he constructed a compound wall surrounding the entire land after obtaining permission of the Cantonment Board on 2.2.1976. The petitioner was also served another notice on 23.11.1983 calling upon him as to why he should not be evicted from the encroached land admeasuring Ac.0.17 guntas of the land comprised in S.No.131 of the same village. The petitioner submitted explanation and also requested Tahsildar, Secunderabad to demarcate S.Nos.131 to 137 with reference to old S.No.43, which was sub-divided into S.Nos.131 to 137. The Tahsildar issued proceedings on 9.4.1985 ordering eviction of the petitioner from the land in S.Nos.131 and 137. The appellate authority rejected the Petitioner's appeal on 19.7.1986. He filed a Writ Petition, being W.P.No.5566 of 1987 praying for a Writ of Certiorari to quash the orders of eviction dt.9.4.1985 as confirmed by the appellate authority.

(2.) This Court relied on the judgment of this Supreme Court in GOVERNMENT OF A.P. v. KRISHNA RAO, and quashed the order of eviction giving liberty to the Government to institute a suit for declaration of title in accordance with the law laid down by the Supreme Court. The Government filed Land Grabbing Case, being L.G.C.No.106 of 1997 before the Special Court ( 'the Special Court' for brevity) constituted under the A.P. Land Grabbing (Prohibition) Act, 1982 in respect of the lands in S.Nos.131 and 137. In the said case the petitioner and others figure as respondents and the case is pending before the said Special Court.

(3.) In this Contempt case the petitioner alleges that on 30.11.1999 at 10.30 a.m. Sri I.Johnson, Deputy Tahsildar, Sri Sabid Ali, Mandal Surveyor, Sri B.Suresh, Special Revenue Inspector came along with Police Constables and Demolition Squad of Hyderabad Collectorate and demolished Northern side compound wall of the house ignoring the protestations of the petitioner. Therefore gross disobedience on the part of the respondents in demolishing the Northern side compound wall is alleged. The petitioner states that though this Court quashed the orders under passed under Land Encroachment Act on 22.12.1989, the Contempt Case is within limitation as the alleged contempt was committed on 30.11.1999. Be it noted that when the case was filed on 6.12.1999, the Mandal Revenue Officer (Sri Md. Yousuf), the District Collector, Hyderabad (Sri Banwarlal) and the Principal Secretary to Government of A.P. (Sri P.V.Rao) were added as respondents 1 to 3 respectively. Later respondents 4 and 5, namely, Sri M.Suryanarayana Rao, Revenue Divisional Officer, Secunderabad and Sri Johnson, Deputy Tahsildar, Trimulgherry respectively, were added as respondents vide orders in Contempt Application No.1368 of 2000 dt.14.9.2000. The matter was listed before me on 30.6.2000 and notice was ordered. After receiving notice respondents 1 and 5 have filed counter affidavits.