C V PADMANABHAM Vs. BEVARA PRAKASA RAO

JUDGEMENT

(1.) This appeal is directed against order dated 16-6-2006 passed by the learned Single Judge in Contempt Application No.342 of 2006 (Contempt Case No.358 of 2006). The background facts:

(2.) On an application made in that behalf, Assistant Director of Mines and Geology, Vizianagaram, vide his order dated 19-4-2005 accorded sanction for grant of quarry lease in favour of respondent No.1 over an area measuring 4.50 hectares in Survey No.1, Mulaga Village, Parvathipuram Mandal, Vizianagaram District for a period of two years commencing from 19-4-2005. After about nine months, respondent No.1 filed Writ Petition No.3458 of 2006 for issue of a direction to Conservator of Forests, Visakhapatnam and Divisional Forest Officer, Vizianagaram not to interfere with the quarrying operations by alleging that the officers concerned were not allowing him to operate the quarry on the pretext that the same is in the reserved forest. The writ petition was disposed of by the learned Single Judge vide his order dated 28-2-2006, the operative part of which reads as under:

(3.) Soon after disposal of the writ petition, respondent No. 1 filed a petition under Sections 10 to 12 of the Contempt of Courts Act, 1971 (for short, 'the 1971 Act') for punishing the officers of the Forest Department (appellants herein) by alleging that they have wilfully and deliberately flouted the aforementioned order. The same was registered as Contempt Case No.295 of 2006 and was disposed of by the learned Single Judge on 23-3-2006 by granting leave to the petitioner to withdraw the same with liberty to institute appropriate proceedings. On the same day i.e., 23-3-2006, respondent No. 1 filed another petition under Sections 10 to 12 of the 1971 Act, which was registered as Contempt Case No.358 of 2006. For the sake of convenient reference, the prayer made in that case is reproduced below: