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Judgment
V. Gopal Gowda, J
Learned Counsel for the Complainant is absent. The complaint is liable to be dismissed for non-prosecution.
The land of the Complainant was proposed for acquisition for erection of electricity line. The objections filed by the Appellant had been considered and acquisition proceedings had been dropped. Against that, K.E.B filed appeal before the Respondent ad the same is pending since 1987. Hence, the Complainant filed writ petition seeking a Mandamus to the Respondent to dispose of the same. The learned Single Judge by his order directed the Respondent to consider the appeal and dispose of the same within six months. Since that was not done, this contempt petition is filed to initiate contempt proceedings against the Respondent.
We found that the learned Single Judge committed error by entertaining the writ petition of the complainant and directing the Respondent to dispose of the alleged appeal of K.E.B. The proposed acquisition had bee dropped after considering the objections of the complainant. There is no provision in the Land Acquisition Act for filing appeal against dropping of acquisition proceedings. The alleged appeal of the K.E.B was not at all maintainable. Therefore, question of considering such an appeal does not arise at all. In that view of the matter, the learned Single Judge committed an error in passing the order under appeal. Hence, we cannot initiate contempt proceedings in this case.
Contempt Petition stands dismissed not only for non-prosecution but also on merits.