1. This Contempt Case has been filed complaining willful disobedience in implementing the Order dated 03.11.2020 passed by this Court in W.P.No.6286 of 2020.

2. The petitioner filed W.P.No.6286 of 2020 against the action of the Respondent Nos.1 to 6 therein in not protecting the Gramakantam land where the Zilla Parishad High School building existed in an extent of 817 sq.yards in R.S.No.526/B1 in the part of Samisra Gudem Gram Panchayat despite of written complaints of the petitioners since 29.10.2018 and oral complaints since 2016 onwards seeking interference of the official respondents to stop the illegal encroachment and unauthorised constructions made by the Respondent Nos.7 and 8 therein, as illegal, unlawful and against Articles 14 and 42 of the Constitution of India and for a consequential direction to demolish the unauthorised constructions made by the 7th respondent therein and to take action on all those officers colluded with the 7th respondent therein.

3. This Court disposed of the said W.P.No.6286 of 2020 on 03.11.2020, with the following directions:

"1. The respondent Nos.1 to 6 are directed to take steps to conduct survey with respect to the land of old Zilla Parishad High School to an extent of 817 sq.yards in R.S.No.526/B1 of Samisra Gudem Village, Nidadavolu Mandal, West Godavari District after giving notices to all the interested parties, within a period of two (2) weeks from the date of receipt of copy of this order;

2. The respondent Nos.1 to 6 are further directed to remove the constructions, if any, made by anybody by encroaching into the land of the old Zilla Parishad High School, Samisra Gudem Village, forthwith after completion of the survey as directed above;

3. The 3rd respondent-Gram Panchayat is directed to construct compound wall to protect the land of the Zilla Parishad High School immediately after the completion of the survey.”

4. Learned counsel submits that the petitioners sent a letter on 13.12.2021 to the 6th Respondent – Mandal Tahsildar, enclosing a copy of the High Court Order to conduct survey of the land by informing that the problem is not solved and requested the respondents to comply with the orders issued by this Court.

5. The petitioners came to know that the Chief Executive Officer of the District Zilla Parishad, Eluru sent a letter vide R.C.No.02/452/2022 dated 14.02.2022 to the 6th Respondent to conduct survey and submit report. On 19.02.2022, the petitioners got issued legal notice with a demand to conduct survey as per the orders of this Court.

6. Learned counsel for the petitioners submits that inspite of specific directions of this Court vide order dated 03.11.2020, the official respondents are deliberately avoiding to implement the orders of this Court and they deliberately flouted the orders of this Court. The failure on the part of the respondents in implementing the orders of this Court would amount to disobedience of the orders of this Hon’ble Court, and, therefore, they are liable for punishment under Sections 10 to 12 of the Contempt of Courts Act, 1971. Complaining the same, the petitioners filed the present Contempt Case.

7. Respondent No.2. – the then Collector and District Magistrate, West Godavari District, filed counter (reply) affidavit stating that, during the period, his office has received copy of the order from this Hon’ble Court on 07.12.2020. Immediately, he endorsed the same as urgent matter for taking necessary action to the CEO, Zilla Parishad, District Educational Officer, West Godavari and the Tahsidlar, Nidadavole Mandal vide communication dated 08.12.2020. Thereafter, due to pandemic Covid-19, the entire process was not completed as directed by this Court and in the meantime, he was transferred from the said post on 19.04.2021.

8. Respondent No.2 submits that on receipt of notice from this Hon’ble Court in the present contempt case on 03.11.2022, he enquired with the present District Collector and Tahsildar. It was informed that the Tahsildar has conducted survey of the school land and took possession of the entire school site on 28.03.2022. Thereafter, to protect the school site from the encroachments, the compound wall was constructed in the month of October, 2022, after removal of the illegal structures of abandoned toilets. As such, he did not violate the orders of this Court and tendered unconditional apology to this Hon’ble Court for any inconvenience caused by him and requested to close contempt case against him.

9. Respondent No.3 – Panchayat Secretary, Samisra Gudem Gram Panchayat, Nidadavolu Mandal, East Godavari District, filed counter affidavit stating that the Tahsildar had conducted survey on 28.03.2022 and subsequently, removed the toilets constructed by the Geetha Mandir Committee. Thereafter, with the funds of Zilla Praja Parishad, West Godavari, compound wall has been constructed to protect the old school site. It is also submitted that there is no school in existence in the subject premises and the school was shifted to some other place in the village. After shifting the school, the open site is being used by the villagers for conducting different types of communal programmes.

10. Respondent No.3 submits that due to delay in conducting survey, he could not take any action for removal of the illegal structures of toilets in the site and the Zilla Praja Parishad has constructed the compound wall with their funds in the month of October, 2022. As such, he did not violate the orders of this Court and tendered unconditional apology to this Hon’ble Court for any inconvenience caused by him and requested to close contempt case against him.

11. Respondent No.4 – Tahsildar, Nidadavole Mandal, East Godavari District, filed counter (reply) affidavit stating that the survey was conducted on 28.03.2022 in the presence of the petitioners, adjacent land owners, villagers, Panchayat Secretary, VRO, Village Surveyor, Administrative Officer, ZPP and handed over the land of the old Zilla Parishad High School to the Administrative Officer and Panchayat Secretary. After conducting survey, the Panchayat Secretary, Gram Panchayat has demolished the encroachments made in the premises of the old ZPP High School, Samisragudem. It is also submitted that the CEO, ZPP vide proceedings dated 01.10.2022 has accorded permission for construction of compound wall to old ZPP High School site with an estimated amount of Rs.3-50 lakhs and accordingly, the construction of the compound wall was completed on 08.10.2022. The respondent submits that the delay in complying with the orders of the Hon’ble Court is neither willful nor wanton and tendered his unconditional apology to the Hon’ble Court for the delay in complying with the orders and requested to close the contempt case against him.

12. Respondent No.5 – Deputy Executive Engineer, PRI SubDivision, Tanuku, West Godavari District, filed counter affidavit stating that he has worked as Deputy Executive Engineer during the period from 12.07.2019 to 30.06.2022. He states that he is not concerned with regard to the sanctioning of the funds for construction of the compound wall. His responsibility is only to execute the works sanctioned by the Mandal Parishad or Zilla Parishad during his tenure and no amount was sanctioned for construction of the compound wall to the subject site. As such, he did not violate the orders of this Court and tendered unconditional apology to this Hon’ble Court for any inconvenience caused by him and requested to close contempt case against him.

13. Respondent No.6 – the then Mandal Tahsildar, Nidadavolu Mandal, West Godavari District, filed counter affidavit. He states that he is not concerned with regard to the sanctioning of the funds for construction of the compound wall. His responsibility is only to execute the works sanctioned by the Mandal Parishad or Zilla Parishad during his tenure. He submits that the Zilla Parishad granted funds of Rs.3,50,000/- from its general fund for construction of the compound wall to the subject site. Accordingly, estimates have been prepared and construction of the compound wall has been completed in the month of October, 2022. As such, he did not violate the orders of this Court and tendered unconditional apology to this Hon’ble Court for any inconvenience caused by him and requested to close contempt case against him.

14. Respondent No.2 – the then Collector and District Magistrate filed additional counter affidavit stating that Respondent No.2 worked as Collector and District Magistrate, West Godavari District till 19.04.2021 and he had no knowledge of the representation made by the petitioner dated 13.12.2021 which was submitted to Sri Karthikeya Mishra, the then Collector, West Godavari District. He submits that he had no knowledge of the legal notice sent by the petitioner which was served on 19.02.2022 to Sri Prasanna Venkataesh, the then Collector, West Godavari District. As on the date when the contempt case was filed on 28.09.2022, the petitioner’s area falls under East Godavari District due to reorganization of Districts and the Collector of East Godavari District is Smt. K. Madhavi Latha. He submits that surprisingly the names of the three Collectors were not included in the present contempt case by the petitioners in the writ petition which clearly shows the malafide intention of the petitioners. The tenure of the Respondent No.2 as the Collector after receipt of the orders from the Hon’ble Court from 07.12.2020 was only 4 months and 13 days, whereas, during the remaining 17 months the above three Collectors worked, whose names were not included in the contempt case by the petition. He also submitted that, he acted diligently in implementing the order of this Court and he was not aware of the delay in implementing the orders of this Court.

15. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that the order of the Court dated 03.11.2020 is implemented in the month of October, 2022.

16. This Court carefully examined the material available on record and the averments made in the affidavits filed by the respondents. Considering the fact that there is a delay of 14 months in complying with the order dated 03.11.2020, for proper adjudication of the case by order dated 29.12.2022 directed to produce original records pertaining to the office of the District Collector, West Godavari District and Tahsildar of Undrajavaram Mandal. Accordingly, the Respondent No.6 produced record. The Respondent No.2 expressed inability to produce record as he was transferred from the post of District Collector, Eluru, West Godavari District. Left with no other option, this Court directed the District Collector, Eluru, West Godavari District to produce original record pertaining to the present issue. Accordingly, it was placed before the Court on 30.01.2023.

17. On careful perusal of the record of the office of the District Collector, Eluru, West Godavari District, it appears that order dated 03.11.2020 was communicated to the office of the District Collector, West Godavari District on 07.12.2020. There is some endorsement dated 08.12.2020. Except that, nothing found in the regard to show that any communication sent to other respondents by the Respondent No.2, instructing them to take necessary steps to implement the order. However, he is contending that he transferred from that post on 19.11.2021.

18. Under these circumstances, in the considered opinion of this Court, admittedly there is a delay in implementing the order of the Court. However, considering the reasons stated by the respondents in their affidavits for the delay caused in implementing the order of this Court, a lenient view has to be taken in view of the fact that the order of the Court is complied with, to protect the land of the school.

19. For the reasons stated above, this contempt case is closed.

20. There shall be no order as to costs.

21. Consequently, miscellaneous applications pending if any, shall also stand closed.