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Showing contexts for: LPA Maintainable in Special Deputy Collector (L.A.) vs N. Vasudeva Rao & Ors on 28 November, 2007Matching Fragments
Stand of the appellant in these appeals is as follows:
Primarily, it is contented that the learned Single Judge has no jurisdiction to give any direction in the manner done while dealing with the contempt petition. In any event, a learned Single Judge has no jurisdiction as his order merging to the order of Division Bench. Finally it is submitted that the LPA was not maintainable.
Learned counsel for the respondents on the other hand submitted that there was clear violation of the order passed in the writ petitions and there was blatant attempt to deny the legitimate claim of the respondents herein. The land was resumed on 18.11.1998 and till now nothing has been paid to the respondent as compensation. Reference has been made to several correspondences between Municipal Revenue Officer Owk Mandalam and the Special Deputy Collector, Nandyal to show that the lands of the respondents were resumed.
The above position was earlier highlighted in Prithawi Nath Ram v. State of Jharkhand [(2004) 7 SCC 261].
It appears that there is also dispute about the area, so in the contempt petition no direction could have been given in the manner done. The Division Bench has held that the LPA is not maintainable. In view of what has been stated in Midnapore Peoples' Coop. Bank Ltd. & Ors. v. Chunilal Nanda and Others [2006(5) SCC 399], the LPA was clearly maintainable.
In Lalith Mathur v. L. Maheswara Rao [2000(10) SCC 285] it was inter alia held as follows.