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Judgment
Arup Kumar Goswami, CJ
(Taken up through video conferencing)
Pursuant to the order of this Court dated 21.12.2020, Mr.M.N.Harendra Prasad, who is presently Joint Collector, Nellore, is present today. At the time of filing of the Contempt Petition, he was holding the post of Special Deputy Collector of Polavaram Irrigation Project and was impleaded in the contempt case as such and that is why he is present before this Court today.
At paragraphs 5 and 6 of the order, alleged to have been violated, it is recorded as follows:
"5. Be that as it may, as the Irrigation Department is the concerned department which deals with Polavaram Irrigation Project. It is for the petitioners to represent to the competent authority in the Irrigation Department bringing to their notice that they own extents of land mentioned above and the said lands are also falling into sub-mergence, therefore, the lands should be acquired and/or compensation be paid.
Having regard to the above, granting liberty to the petitioners to make representation to the concerned authorities of Irrigation Department, the Writ Petition is disposed of. Pending miscellaneous petitions shall stand closed."
The petitioners, in the contempt petition itself, had enclosed a letter dated 30.11.2018 addressed by the Executive Engineer, PIPHW Division-8 to the Revenue Divisional Officer, Kukunur Mandal, Kukunur, West Godavari District, at Page No.21, wherein it is stated that the land belonging to the petitioners had not submerged due to Polavaram Irrigation Project.
If that be the position, it cannot be construed that there is wilful and deliberate violation of the order of this Court.
Accordingly, I do not find any justifiable ground to pursue with the contempt proceedings and accordingly, same is closed reserving liberty to the petitioners to assail the said letter, if so advised, in accordance with law.
All the pending miscellaneous applications, if any, stand closed.