HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.583 of 2025 & CONTEMPT CASE No.2029 of 2024 COMMON ORDER: Questioning the action of respondent No.3 in interfering with the residential plots i.e., sheds of the petitioners to an extent of Ac.0.02 cents each in Survey No.43/2 of Mukkamala village, Ambajipeta Mandal, Dr.B.R Ambedkar Konaseema District, Andhra Pradesh under the guise of final notice in reference No.5/2024 dated 28.05.2024 without passing any reasoned order on petitioners’ reply dated 04.12.2023 to the earlier notice dated 22.11.2023 as per the orders of this Court in Writ Petition No.22060 of 2023 dated 05.09.2023, the present Writ Petition i.e., W.P.No.583 of 2025 has been filed. 2. The Contempt Case No.2029 of 2024 has been filed, under Sections 10 to 12 of Contempt of Courts Act, 1971, against the respondent authorities concerned for willful disobedience of the order dated 05.09.2023 passed by this Court in Writ Petition No.22060 of 2023. 3. The parties will be referred to as per their status in Writ Petition No.583 of 2025. 4. Heard Sri V.Sai Kumar, learned counsel for the Writ Petitioners, Sri Y.Koteswara rao, learned standing counsel for respondent No.3 in Writ Petition No.583 of 2025 and respondent No.2 in Contempt Case No.2029 of 2 2024, and Sri T.V.S. Prabhakar Rao, learned counsel for respondent No.4 in Writ Petition No.583 of 2025 and petitioner in Contempt Case No.2029 of 2024. 5. Learned counsel for the Writ Petitioners, in elaboration to what has been stated in the Writ affidavit, contended that the unofficial respondents (respondent Nos.4 and 5), suppressing the facts that there are disputes between themselves and that respondent No.4 filed suit against respondent No.5 before the Senior Civil Judge, Amalapuram, filed Writ Petition No.22060 of 2023 and this Court, in the said Writ Petition, directed the Gram Panchayat to take steps against the constructions of the Writ Petitioners, if found unauthorized. He further contended that under the guise of the said order, the Gram Panchayat, without passing any order on the explanation submitted by the Writ Petitioners in response to the notice dated 22.11.2023, tried to interfere with the possession of the Writ Petitioners highhandedly, Writ Petition No.583 of 2025 has been filed and prayed to pass orders protecting the interest of the Writ Petitioners. 6. On the other hand, Sri T.V.S Prabhakar Rao, learned counsel for respondent No.4 in Writ Petition No.583 of 2025 and petitioner in Contempt Case submitted that earlier when the Writ Petitioners undertook unauthorized constructions, respondent No.4 made a complaint, however, as the Gram Panchayat failed to take action on the said complaint, Writ Petition No.22060 of 2023 was filed and this Court, in the said Writ Petition, directed the respondent authorities to take steps in accordance with law. Despite such direction, as the Gram Panchayat has not initiated any action against the unauthorized 3 constructions made by the Writ Petitioners in Writ Petition No.583 of 2025, the present Contempt Case has been filed. 7. Sri Y.Koteswararao, learned standing counsel for Gram Panchayat in Writ Petition No.583 of 2025 and respondent No.2 in Contempt Case contended that a declaratory suit vide O.S.No.58 of 2019 is pending between the petitioner’s vendor in Writ Petition No.22060 of 2023 and respondent No.4 before the Court of Senior Civil Judge, Amalapuram, however a notice has been issued to the parties concerned and the Gram Panchayat is taking steps in accordance with law. Hence, it is submitted that there is no contempt as alleged by the petitioner in the Contempt Case. Accordingly, prayed to dismiss the Writ Petition as well as Contempt Case. 8. Perused the record and considered the submissions made by learned counsel for the parties. 9. The material on record shows that civil disputes are pending between respondent Nos.4 and the petitioner’s vendor i.e., respondent No.5. Admittedly, a suit vide O.S.No.58 of 2019 filed by respondent No.4 and his wife against respondent No.5 and others is pending before the Court of Senior Civil Judge, Amalapuram. The grievance of the petitioner in the Contempt Case is that earlier when the Writ Petitioners undertook unauthorized constructions contrary to law, a complaint was made to the Gram Panchayat to take steps in accordance with law and as the authorities have not acted on the said complaint, respondent No.4 filed Writ Petition No.22060 of 2023 against the 4 respondent authorities as well as the Writ Petitioners herein, and this Court vide order dated 05.09.2023 disposed of the said Writ Petition with the following direction: “The 4th respondent Gram Panchayat is hereby directed to take steps against the alleged constructions raised by respondent Nos.5 & 6 if the said authority comes to a conclusion that they are unauthorized and illegal, by issuing a proper show cause notice inviting explanation from respondent Nos.5 & 6 and thereafter pass a reasoned order after giving an opportunity of personal hearing to the parties concerned. Such an exercise should be completed within a period of three months from the date of receipt of a copy of this order.” Now the contention of respondent No.4 is that pursuant to the directions of this Court also, the respondent authorities have not taken any steps with regard to unauthorized constructions, as such, the present Contempt Case vide C.C.No.2029 of 2024 has been field. 10. When the Contempt Case was listed for consideration, it was brought to the notice of this Court that a connected Writ Petition vide W.P.No.583 of 2025 has been filed impugning the notice issued by the Gram Panchayat. Both the matters have accordingly been listed together and this Court deems it appropriate to dispose of these matters by way of this Common Order. 11. This Court, under Article 226 of the Constitution of India, is not required to adjudicate whether the unofficial respondents or the Writ Petitioners have 5 any right or title over the subject property and it has to look into whether the constructions made by the Writ Petitioners are contrary to the building plan or not and whether the Gram Panchayat is taking steps if the constructions made by the Writ Petitioners are unauthorized. Further, civil suit is pending between the parties before the competent Civil Court and the parties have to pursue their grievance before the said Court. 12. Since the respondent authorities have issued notice to the parties concerned, pursuant to the directions of this Court in Writ Petition No.22060 of 2023, there is no contempt as alleged by the petitioner in Contempt Case. 13 As the relief sought by the Writ Petitioners is innocuous, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition with the following directions. The respondent/Gram Panchayat is directed to pass a reasoned order on the reply given by the Writ Petitioners dated 04.12.2023 in response to the notice dated 22.11.2023, after affording an opportunity of personal hearing to all the parties concerned, including the petitioner in the Contempt Case. Till such exercise is completed, the Gram Panchayat is directed not to interfere with the subject property. Ultimately, if the Gram Panchayat finds any unauthorized constructions, it shall take appropriate steps in accordance with law. 6 14. Accordingly, the Writ petition is disposed of and the Contempt Case is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI 04.09.2025 MP 7 184 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE No.2029 of 2024 IN WRIT PETITION No.22060 OF 2023 & WRIT PETITION No.583 of 2025 04.09.2025 MP 8 HIGH COURT OF ANDHRA PRADESH MAIN CASE No.: CONTEMPT CASE No.2029 of 2024 IN WRIT PETITION No.22060 OF 2023 & WRIT PETITION No.583 of 2025 PROCEEDING SHEET S. No DATE ORDER 10. 17.02.2025 RC, J The Writ Petition is disposed of and the Contempt Case is closed. (vide separate common order) ______________________ RAVI CHEEMALAPATI, J MP 9