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2022 DAILYLAW 1630 (AP)

BANDARU BHASKAR RAO v. SRI VENKATA RAMA GOPAL

CC/5012/2022 · 2026-04-23

Venkateswarlu Nimmagadda

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010603442022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 5012/2022 Between: 1. BANDARU BHASKAR RAO, S/O TATAIAH @ SWAMY, AGE 72 YEARS, OCC. ADVOCATE, R/O H.NO.16-102, OLD BANK COLONY, KOTHAPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. SRI VENKATA RAMA GOPAL, EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION (GHWD), DOWLAISWARAM, EAST GODAVARI DISTRICT. 2. SRI HIMANDHU SHUKLA, DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. SRI MERUGU MOKKANTH, REVENUE DIVISIONAL OFFICER, AMALAPURAM REVENUE DIVISION, AMALAPAURAM, EAST GODAVARI DISTRICT. 4. SRI D KISHORE BABU, TAHSILDAR, KOTHAPETA MANDAL, EAST GODAVARI DISTRICT. RESPONDENTS. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to punish the respondents for their willful and deliberate disobedience of the orders passed by this Hon'ble Court in IA.No.1 of 2022 in WP.No.6217 of 2022, dated 10-03-2022 and pass Counsel for the Petitioner: 1. POLISETTY RADHA KRISHNA Counsel for the Contemnor(S): 1. P SUBASH 2. The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO:5012 OF 2022 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 10.03.2022 passed by this Court in I.A.No.1 of 2022 in W.P.No.6217 of 2022. 2. Heard learned counsel for the petitioner(s) and learned counsel for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner(s) submits that pending contempt case, the main writ petition itself is closed vide order dated 07.10.2025. Paragraph Nos. 7 and 8 of the order dated 07.10.2025 in W.P.No.6217 of 2022 is extracted hereunder: “Respondent No.3 has filed counter-affidavit in W.P.No.10773 of 2020 stating that on the request made by the Mandal Parishad Development Officer, Kothapeta and the Tahsildar Kothapeta, the Executive Engineer, Godavari Head Works Division, Dowleswaram, East Godavari District issued NOC for excavation and carting of bonduisuka, bondumatti from the lands in Sy.Nos.61/1, 79, 483, 15 and 40/1, for leveling of low lying house sites lands in Kothapeta Mandal, subject to certain conditions. It was further stated that in pursuance of the interim order granted by this Court on 22.07.2020, all the operations pertaining to digging, carting of bonduisuka, bondumatti from the subject lands, was stopped forthwith. 8. Likewise, a counter-affidavit was filed in W.P.No.6217 of 2022 by respondent No.2, wherein it was stated that the Department has not given any permission for excavation of earth in Sy.Nos.1, 35 & 64 of Mandapalli Village, Kothapeta Mandal in East Godavari District and also stated that no such illegal/unauthorized earth excavation is going on in the aforementioned survey numbers.” 4. On perusal of the order dated 07.10.2025, it appears that no illegal or unauthroised excavation was going on in respect of land in Sy.Nos.1, 35 & 64 of Mandapalli Village, Kothapeta Mandal, East Godavari District. 5. In view of the closure of the writ petition and the specific observations made by this Court, at the instance of both the learned counsel, stating that there was no illegal or unauthorised excavation in the subject land, it cannot be said that the orders of this Court have been violated; accordingly, the present contempt case is not maintainable. 6. In the absence of any wilful disobedience of the orders of this Court on the part of the respondents, the present contempt case is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.04.2026 BSP 84 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) Contempt Case No.5012 of 2022 24.04.2026 BSP