B. Sivananda vs S. Aleem Basha

Battu Devanand, J

1) This contempt case has been filed seeking to punish the respondent for wilful disobedience in implementing the order, date3d 31.12.2019 in W.P.No.21114 of 2019.

2) Heard learned counsel for the petitioner and learned counsel appearing for the respondent. Perused the material available on record.

3) The petitioner filed writ petition under Article 226 of the Constitution of India seeking to declare the speaking order issued by the 4th Respondent therein vide File No.S-64/KNL/2019, dated 11.11.2019 informing the petitioner to approach the A.P. Waqf Tribunal for removing the petitioner's land to an extent of Ac.18.79 cents in Sy.No.662, situated at Molagavalli Village, Aluru Mandal, Kurnool District, from the prohibited list under Section 22-A (1)(c) of Registration Act, 1908 as illegal.

4) Having heard the learned counsel appearing on either side, this Court disposed of the writ petition by order, dated 31.12.2019 with the following direction:

"There shall be a direction to the 4th respondent-CEO to make necessary correction with regard to Survey No.662 to an extent of Ac.18.79 cents situated at Molagavalli Village, Aluru Mandal, Kurnool District, as mentioned in the prohibited list, within a period of four weeks from the date of receipt of a copy of this order."

5) Complaining that the order of the Court is not complied with, the present contempt case has been filed.

6) The respondent filed counter-affidavit and additional counter-affidavit.

7) The learned counsel for the petitioner submitted that the petitioner has submitted a representation to the respondent on 31.10.2020 along with a copy of order, dated 31.12.2019 in W.P.No.21114 of 2019 and requested to make necessary corrections in the prohibited list. But, the respondent did not take any steps to implement the order of the Court.

8) The respondent addressed a letter to the Commissioner & Inspector General of Registration and stamps, Government of Andhra Pradesh in File No.S-64/KNL/2018, dated 06.03.2020, requesting to include the land in Sy.No.622 to an extent of Ac.37.94 cents situated at Molagavalli Village, Aluru Mandal, Kurnool District in the prohibited list instead of making correction with regard to the land of the petitioner. Thereby, the respondent wilfully, wantonly and deliberately disobeyed the order of the Court and as such sought to punish the respondent under the provisions of Contempt of Court Act.

9) On careful perusal of the averments made in the counter-affidavit and additional counter-affidavit filed by the respondent and documents filed along with the counter- affidavit, it appears that it is an admitted fact that the petitioner had submitted a representation, dated 30.10.2020 to the respondent requesting to make necessary corrections as directed by this Court.

10) It is stated in the counter-affidavit that the Waqf Board had addressed a letter, dated 06.03.2020 to the Inspector General of Registration and Stamps Department to include the Survey No.622 in the prohibitory list by deleting Survey No.662 which was wrongly shown in the earlier Waqf Board's letter, dated 16.11.2016. But, on perusal of the letter, dated 06.03.2020 of the respondent, a request was made only to include the land to an extent of Ac.37.94 cents in Survey No.622, situated at Molagavalli Village, Aluru Mandal and not to entertain any Registration on the above subject land in the interest of Waqf and Waqf property. There is no mention about delete the land in Survey No.662 in the prohibitory list. Besides this, the respondent contends that the officers of the Registration and Stamps Department had not taken the interpretation of the letter properly and they are not deleted the Survey No.662 from the prohibitory list as sought by the petitioner.

11) It appears the petitioner filed contempt case in the month of October, 2020. On 11.11.2020 this Court issued notice to the respondent in contempt case. On 15.11.2020 the respondent addressed a letter to the Commissioner & Inspector General, Registration and Stamps Department, Government of Andhra Pradesh whereunder it is mentioned as hereunder:

"In continuation to this office letter, dated 06.03.2020, it is not clearly mentioned by this office, the Sy.No.622 should be included in the prohibitory list of 22-A(1)(c) instead of Sy.No.662".

12) As seen from the averments made in the counter-affidavit and additional counter-affidavit filed by the respondent and the contents of the letter, dated 06.03.2020 and 15.11.2020 addressed by the respondent to the Commissioner & Inspector General, Registration and Stamps Department, it is clear that the respondent did not implement the order of the Co0urt in true spirit.

13) This Court passed order on 31.12.2019 and stipulated four weeks time to implement the order from the date of receipt of a copy of the order. The order copy was communicated to the respondent on 30.01.2020. So, the respondent has to implement the order of the Court by 28.02.2020 and to take steps to delete the land of the petitioner situated in Survey No.662 situated at Molagavalli Village, Aluru Mandal, Kurnool District from the prohibitory list. But, till the filing of the contempt case the respondent did not take any steps to implement the order of the Court to delete the property of the petitioner situated in Survey No.662 from the prohibitory list. Only on 15.11.2020 the respondent addressed a letter to the Registration and Stamps Department informing to include the land in Survey No.622 in the prohibitory list instead of Survey No.662.

14) Considering all these aspects, in the considered opinion of the Court, the respondent wilfully disobeyed the order passed by the Court. As such, he is found guilty of the Contempt of Court.

Post on 08.11.2021 to confer punishment. The respondent shall present before this Court on 08.11.2021.