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2023 DIGILAW 536 (AP)

Murukuti Venkateswarlu Reddy v. K. Venkatesh

2023-03-14

BATTU DEVANAND

body2023
JUDGMENT Battu Devanand, J. - This Contempt Case has been filed complaining willful disobedience of the respondent in complying the order of the Court in W.P.No.38927 of 2018. 2. While disposing the W.P.No.38927 of 2018, the Land Acquisition Officer is directed to look into the revenue records and if there is no other material to show that there is any rival claim to the land in Survey No.54/1, the complaint filed by the villagers is found to be not true, and if the matter is not referred to the Land Acquisition, Rehabilitation and Resettlement Authority, the petitioner to be paid compensation. 3. A counter affidavit and an additional affidavit also filed by the respondent. In the affidavits filed by the respondent, it is averred that he joined as Special Deputy Collector (LA) in Telugu Ganga Project, Nellore Unit, SPSR Nellore District on 11.09.2019 and relieved from the office on 31.05.2020. The Award was passed by his predecessor in the year 2018 on 21.04.2018 vide Award No.03/2018-2019. In 2019, he submitted the bill through online on 22.12.2019 and the bill lapsed in that financial year, thereafter, he transferred to the post of Executive Officer, Kanipakam, Chittor District. Again, the bill was uploaded on 08.04.2020, and the same also lapsed in the financial year 2020-2021, due to insufficient budget. Subsequently, the bill was uploaded on 01.07.2021, by his successor and the said bill was passed and amount credited to the petitioner. 4. The learned counsel for the petitioner also accepted the receipt of the payment of compensation. 5. The learned counsel for the respondent contends that the delay occurred is due to administrative reasons and it is not a willful delay. The learned counsel further drawn the attention of the Court to the unconditional apology tendered by the respondent in his affidavit. 6. Considering the over all aspects of the case, this Court satisfied that the respondent has made his attempt to comply the order of this Court during his tenure as he worked as Special Deputy Collector, Land Acquisition, Telugu Ganga Project. As such, the delay occurred in this regard is beyond his control and accordingly, this Court inclined to accept the unconditional apology tendered by the respondent. 7. In view of the fact that the total compensation was paid to the petitioner along with interest, in our considered view, at the stage no further adjudication is required. 8. As such, the delay occurred in this regard is beyond his control and accordingly, this Court inclined to accept the unconditional apology tendered by the respondent. 7. In view of the fact that the total compensation was paid to the petitioner along with interest, in our considered view, at the stage no further adjudication is required. 8. Accordingly, this Contempt Case is closed. No costs. As a sequel, miscellaneous applications pending in this contempt case shall stand closed.