1 APHC010332892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 4178/2023 Between: 1. ABOTHU RAJESH, , S/O. BABURAO, HINDU, MALE, AGED 34 YEARS, R/O. D.NO.3-123, MAIN ROAD, THIGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 2. ABOTHU MUTYALA KUMARA RAO, S/O. PEDDA DASU, HINDU, AGED 40 YEARS, R/O. D.NO.3-123, MAIN ROAD, THIGUMMI VILLAGE, KOWUR MANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. P S PRADYUMNA, S/O. NOT KNOWN HINDU, MALE, AGED 45 YEARS PRINCIPAL SECRETARY, R AND B DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. K MADHAVI LATHA, W/O.NOT KNOWN HINDU, FEMALE, AGED 50 YEARS DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAHMUNDRY. 3. VENKATA RAMANA, S/O. NOT KNOWN, HINDU, MALE, AGED 50 YEARS, THE DEPUTY EXECUTIVE ENGINEER KOVVUR R AND B DIVISION, KOVVUR EAST GODAVARI DISTRICT 4. SRINIVASA MURTHY, , S/O. NOT KNOWN, HINDU, MALE, AGED 46 YEARS, THE ASSISTANT ENGINEER, R AND B DEPARTMENT, KOVVUR EAST GODAVARI DISTRICT. 5. G NAGARAJU, S/O. NOT KNOWN, HINDU, MALE, AGED ABOUT 56 YEARS, SECRETARY, THOGAMMI GRAM PANCHAYAT THOGAMMI 2 VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 6. AMMAJI, W/O. NOT KNOWN, HINDU, FEMALE, AGED 53 YEARS, DIVISIONAL PANCHAYAT OFFICER KOVVURU REVENUE DIVISION, KOVVUR, EAST GODAVARI DISTRICT. 7. B NAGARAJU NAIK, S/O. NOT KNOWN, HINDU, MALE, AGED ABOUT 45 YEARS, MANDAL TAHSILDAR, KOVVUR MANDAL, KOVVUR, EAST GODAVARI DISTRICT. 8. J SATISH, S/O. NOT KNOWN, HINDU, MALE, AGED ABOUT 45 YEARS STATION HOUSE OFFICER, KOVVUR RURAL POLICE STATION, KOVVUR, EAST GODAVARI DISTRICT. RR 6 TO 8 LEAVE GRANTED AS PER COURT ORDER DATED 31-7-2023 VIDE IA NO 1 OF 2023 IN CC NO 4178 OF 2023 ...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/Contemnors for their willful disobedience of order Dt. 06.07.2023 in W.P.No.16145 of 2023 on the file of this Hon'ble Court and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the leave the proposed respondents/contemnors as a respondents 6 to 8 contemnors 6 to 8 in the present contempt case for disobedience of the orders of the Ho'ble court in WP.No. 16145 of 2023 dt.06.07.2023 and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the filing of certified copy of the order dt. 06.07.2023 before this Hon'ble Court and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Contemnor(S): 3 1. ASHOK RAM V 2. SEEPANI S KUMAR 3. P SUBASH 4. KIRAN KUMAR VADLAMUDI 5. N SRIHARI The Court made the following: 4 ORDER: This Contempt Case is filed for willful violation of the orders passed by this Court in W.P.No.16145 of 2023 on 06.07.2023, wherein this Court passed the following order: “….In view of the said facts and instead of keeping this writ petition pending, this Court feels it appropriate to dispose of this writ petition by directing the respondents to conduct a survey with the following directions: 1. The 4th respondent with the assistance of the 5th respondent, shall conduct a survey to demarcate the subject land and the road margin in R.S.No.90/1A of Thogammi Village, Kovvur Mandal, East Godavari District, Andhra Pradesh. This survey shall be conducted in the presence of the petitioners or their representatives. 2. For the purpose of enabling the petitioners to be present at the time of the survey, notice shall be given to the petitioners. 3. After the said survey is conducted, the respondents shall initiate appropriate action on the encroachers by duly protecting the road margin from the encroachers. 4.This survey shall be conducted within a period of eight (8) weeks from the date of receipt of this order:” 2. Respondent No.7 has filed a counter-affidavit duly stating that, in pursuance of the orders passed by this Court, a survey has been conducted by the Mandal Surveyor on 28.07.2023 and has identified that three persons has encroached into the Government Poramboke land in R.S.No.71. In pursuance of the same, they have issued notice under Section 7 as well as under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, to all the three encroachers and as the encroachers have not voluntarily removed their encroachments on 14.09.2023 at about 11.00 a.m. in the presence of 5 Assistant Executive Engineer, R&B, Kovvur, Panchayat Secretary, Thogummi, Mandal Surveyor, Kovvur, and Village Revenue Officer, Thogummi, with the help of JCB, the 7th respondent has removed the encroachments as demarcated by the Mandal Surveyor vide panchanama dated 14.09.2023. 3. As the respondents have conducted a survey and also removed the encroachments by following due process of law, this Court is of the opinion that no contempt lies in the present case. 4. But however, the petitioner’s contention is that in spite of removal of the encroachments, recently some encroachers have erected some posters in the said land and have also laid some cement chairs. As the said encroachments were made recently, the petitioner is at liberty to challenge the same. 5. Accordingly, the Contempt Case is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 13.08.2025 JLV