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2025 DAILYLAW 22377 (AP)

M/S SREEHARI GENERAL AND FANCY STORES AND COOL DRINKS AND ICE CREAMS v. SRI B. SESHANNA

CC/615/2025 · 2025-03-06

Ravi Cheemalapati

body2025

Judgment text

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APHC010315012024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 615/2025 Between: M/s Sreehari General And Fancy Stores and Cool Drinks and Ice Creams Sri B Seshanna and others Counsel for the Petitioner: 1. SARANU PHANI TEJA Counsel for the Contemnor(S): 1. KOTHA VEERA NAGA PALLAVI 2. Sireesha Rani Vallabhaneni, 3. The Court made the following order: This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 18.06.2024 passed by this Court in Writ Petition No.12312 of 2024. 2. Heard Sri Saranu Phani Teja, learned counsel for the petitioner, Smt V.Sireesha Rani, learned counsel for respondents/contemnor Nos.1 and Kotha Veera Naga Pallavi, learned counsel for contemnors/respondent Nos.5 to 16 & 18 to 22. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 615/2025 M/s Sreehari General And Fancy Stores and Cool Drinks and ...PETITIONER AND ...CONTEMNOR(S) Counsel for the Petitioner: SARANU PHANI TEJA Counsel for the Contemnor(S): KOTHA VEERA NAGA PALLAVI Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities The Court made the following order: This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 18.06.2024 passed by this Court in Writ Petition No.12312 of 2024. Heard Sri Saranu Phani Teja, learned counsel for the petitioner, Smt V.Sireesha Rani, learned counsel for respondents/contemnor Nos.1 Pallavi, learned counsel for contemnors/respondent IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER ...CONTEMNOR(S) Standing Counsel For Municipalities This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 18.06.2024 passed by this Court in Writ Petition No.12312 of 2024. Heard Sri Saranu Phani Teja, learned counsel for the petitioner, Smt V.Sireesha Rani, learned counsel for respondents/contemnor Nos.1 to 3 Pallavi, learned counsel for contemnors/respondent 2 3. Learned counsel for the petitioner submitted that without issuing notice and without following the due process of law, when the official respondents tried to take steps to demolish the building at D.No.2-33-60, Lenin road, Gandhi Nagar, Tenali Town having shop and residential portion, Writ Petition No.12312 of 2024 has been filed and this Court granted order of status quo pending writ petition. But the respondent Nos.2 and 3 have locked the petitioner’s building at the instigation of respondent No.1, further the other respondents damaged the shop in utter disobedience of the status quo order passed by this Court. Subsequently, the said Writ Petition has been disposed of by an order dated 25.07.2024 directing respondent Nos.2 to 4 to strictly follow law with regard to subject property in the Writ Petition by giving due opportunity to the petitioner and till such exercise is completed the petitioner shall not be dispossessed from the encroachment except by following the due process of law. Pursuant to the disposal of the said Writ Petition, the authorities have followed law and demolished the petitioner’s subject property. He further submitted that even though the status quo order is in subsistence, the respondent authorities have locked the shop. In view of the same, the respondents are liable to be punished under Section 10 to 12 of the Contempt of Courts Act and prayed to pass orders in that regard. 4. Perusal of the record would show that when the respondent authorities are trying to demolish the subject property, the petitioner filed Writ Petition No.12312 of 2024. This Court vide order dated 18.06.2024 granted an order of status quo. When the status quo order is in subsistence, in spite of knowing the same, the contemnor Nos.1 to 3 have locked the shop and the other 3 contemnors have damaged the shop, as such, they have violated the orders of this Court dated 18.06.2024 and the present Contempt Case has been filed. Pursuant to the said orders, the main writ petition itself has been disposed of by an order dated 25.07.2024 and the operative portion of the order is as follows: “In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to proceed strictly in accordance with law with respect to the subject shop and residential portion as claimed by the petitioner in Door No.2-33- 60, Lenin road, Gandhi Nagar, Tenali town, Guntur District, by giving due opportunity to the petitioner and the petitioner shall not be dispossessed from the said encroachment except by following the due process of law.” 5. Pursuant to the said order, it was contended that the authorities have demolished the subject building by following the due process of law. 6. In view of the same, as the subject building itself is demolished by the authorities in accordance with law. Hence, there is nothing for adjudication and the Contempt Case is liable to be closed. 7. Accordingly, the Contempt Case is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 06.03.2025 MP 4 181 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO:615 of 2025 Date: 06.03.2025 MP