Querry to file contempt
shaik khaja moinuddin
(Querist) 13 March 2015
This query is : Resolved
Dear Sir, Greetings of the Day!
My query is that, I wanted to establish retail fuel outlet & for which I got the letter of intent from the concerned oil company and the petition was submitted before Dist.Collector Adilabad. The Dist.Collector ordered for remarks from various departments and the concerned departments submitted their remarks recommending the establishment of fuel outlet. After this, it’s the turn of the Dist.Collector to grant final NOC relying on the remarks from various departments as stated above.
At this point of time , the dist collector never granted any NOC, so I was to knock the doors of high court of AP and got filed WP 18003/2013 and the order was disposed, which clarifies that I may be granted NOC through communication but not later than one month from the receipt of such order copy. For such order the dist.collector never responded and the joint collector refused the request by stating that the land is assigned one though it has been clarified by the honourbale court in the order copy.
Again, I was to file another WP 27850/2013 at High Court AP and got the rejection proceedings of joint collector set aside; And a fresh order was given to the Dist.Collector to conduct inquiry and to grant NOC within 2 months of receipt of such orders .For such orders also; there was no response at all.
Finally I was left with no option except filing the contempt charges against Dist.Collector and the district collector was ordered for personal appearance and after appearing before the court, the collector requested to grant 3 weeks of time to comply with court orders in WP 27850/2013. As usual the court granted him 4 weeks of time, and the collector conducted inquiry which is against the natural principles of justice and submitted the report which is false and the contempt case got disposed on 21st Apr 2014.
After this, the collector ordered for resumption of our land into Govt. custody. For which we were to file another WP challenging the contents of the report and got stay order through WP.
On date 28th Apr 2014, the Honourable APHC gave its 131 pages historical judgment by Justice C.V Nagarjuna Reddy stating that there is no condition of prohibition on alienation for the lands in Telangana area which are assigned prior to 25th July 1958. Whereas the collector states that the subject lands are not transferable as it’s reflected in the assignment copy. The resumption process was ordered on 6th June 2014 by dist.collector, whereas the court gave its ruling on 28th of Apr 2014.
In this situation, can we file a case against the revenue department officials who deliberately violated the orders of the Honourable APHC dated 28th Apr 2014 & get NOC as the subject lands does not attract conditions of assignment land . If so please confirm your opinion through reply.
Finally I would like to admit that the matter is very lengthy but to communicate the complete situation I was to express all the details pertaining to the case. Hope you can understand my intention.
Thanks & regards
-Moinuddin
R.K Nanda
(Expert) 13 March 2015
query complicated.
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Devajyoti Barman
(Expert) 13 March 2015
Application for contempt can be filed directly in high court for better result.
Rajendra K Goyal
(Expert) 14 March 2015
Consult some senior lawyer and show him all the orders and case file.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
The matter already dealt by some senior advocates and they appear to have followed it scrupulously and got the orders in your favor, therefore even now follow it up through your own lawyer who will be the better person to advise your further course as per prevailing situation.
