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2025 DAILYLAW 23906 (AP)

Yerram (Golla) Mallikarjuna, v. K.Eshwaraiah,

CC/1889/2021 · 2025-09-03

Battu Devanand

body2025

Judgment text

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APHC010337282021 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SMB THURSDAY. THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE No.1889 of 2021 Contempt Case filed under Sections 10 to 12 of Contempt of Courts Act 1971 to punish the Respondents/Contemnors herein for their deliberate and willful violation of the order dated 20.07.2021 in lA No.1 of 2021 in W.P.No.14006/2021 granted by this Hon'ble Court. Between: 1. Yerram (Golla) Mallikarjuna, S/o. Y.Janardhan, Aged about 32 years, Occ: Agriculture, R/o. D.No.1-34/1, B.C.Colony, Haligera Village, Aspari Mandal, Kurnool District. 2. Yerram Hanumanthu, S/o. Y.Obulesh, Aged about 74 years, Occ: Agriculture, R/o. D.No.3-67, B.C.Colony, Haligera Village, Aspari Mandal, Kurnool District. 3. Yerram Pedda Eranna, S/o. Y. Nallaguttaiah, Aged about 50 years, Occ; Agriculture, R/o. D.No.3-48/1, B.C.Colony, Haligera Village, Aspari Mandal, Kurnool District. 4. Yerram Chinna Eranna, S/o. Y. Nallaguttaiah, Aged about 45 years, Occ: Agriculture, R/o. D.No.3-48/1, B.C.Colony. Haligera Village, Aspari Mandal, Kurnool District. '-fV 5. Y. Hanumanthu, S/o. Y. Nallaguttaiah, Aged about 45 years, Occ: Agriculture, R/o. D.No.3-48/1, B.C.Colony, Haligera Village, Aspari Mandal, Kurnool District. ...Petitioners AND 1. K Eshwaraiah, S/o. Not Know to the Petitioners, Aged Major, Occ: Inspector of Police, Alur Police Station, Alur, Kurnool District. 2. N Giri Babu, S/o. Not Know to the Petitioners, Aged Major, Occ: Sub- Inspectorof Police, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 3. Govind Naik, S/o. Not Know to the Petitioners, Aged Major, Occ: Police Constable, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 4. Lakshminarayana, S/o. Not Know to the Petitioners, Aged Major, Occ: Police Constable, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 5. S Jampal Naik, S/o. Not Know to the Petitioners, Aged Major, Occ: Panchayat Secretary, Haligera Village, Aspari Mandal, Kurnool District. 6. Narala Obulesu, S/o. late N.Thippanna, Aged - Major, Occ: Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District. 7. Narala Dhanunjaya, S/o. N. Anjinaiah, Aged - Major, Occ: Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District. 8. Narala Ramudu, S/o. N.Shankarappa Rao, Aged - Major, Occ: Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District 9. P Koteswara Rao, S/o. Not known to the petitioner. Aged Major, Occ: Kurnool District Collector, R/o. Collectorate Ln, Opp Govt. General Hospital, Budhawara Peta, Alluri Sitarama Raju Nagar, Kurnool, Andhra Pradesh -518 002. Nityanadha Raju, S/o. Not known to the petitioner, Aged Major Occ: Mandal Revenue Officer R/o. Aspari Mandal Revenue Office, Aspari, Adoni, Kurnool District. (RR 9 and 10 Impleded as per Court Order dated 21/04/2022 Vide lA No. 2 of 2022 in CC No 1889 of 2021) 10. ...Respondents : Sri M R K Chakravarthy Counsel for the Petitioners Counsel for Respondent Nos.1 to 4 ; Sri Kiran Kumar Vadlamudi : Sri V Vinod K Reddy (SC for ZP MPDO GP) Counsel for Respondent No.5 Counsel for Respondent Nos.6 to 8 : Sri J Janakirami Reddy Counsel for Respondent Nos.9 & 10 : Sri T Balaswami The Court made the following order: APHC010337282021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE NO: 1889/2021 Between: S/0 Y.JANARDHAN, AGED R/0. D.NO.1-34/1, 1.YERRAM (GOLLA) MALLIKARJUNA ABOUT 32 YEARS, OCC- AGRICULTURE B.C.COLONY, HALIGERA(V), ASPARI (M), KURNOOL DISTRICT. S/0 Y.OBULESH, AGED ABOUT 74 D.NO.3-67, B.C.COLONY, 2.YERRAM HANUMANTHU YEARS, OCC- AGRICULTURE, R/0. HALIGERA(V), ASPARI (M), KURNOOL DISTRICT.. 3 YERRAM PEDDA ERANNA,, S/0 Y. NALLAGUTTAIAH, AGED ABOUT 50 YEARS, OCC- AGRICULTURE, R/0. D.NO.3-48/1, B.C.COLONY, HALIGERA (V), ASPARI (M), KURNOOL DISTRICT. 4.YERRAM CHINNA ERANNA,, S/0 Y. NALLAGUTTAIAH, AGED ABOUT 45 YEARS, OCC- AGRICULTURE, R/0. D.NO.3-48/1, B.C.COLONY, HALIGERA (V), ASPARI (M), KURNOOL DISTRICT. S/0 Y. NALLAGUTTAIAH, AGED ABOUT 45 B.C.COLONY, 5.Y. HANUMANTHU, YEARS, OCC- AGRICULTURE, R/0. D.NO.3-48/1 HALIGERA (V), ASPARI (M), KURNOOL DISTRICT. ...PETITIONER(S) AND 1 K ESHWARAIAH, S/0 NOT KNOW TO THE PETITIONERS, AGED MAJOR, OCC- INSPECTOR OF POLICE, ALUR POLICE STATION, ALUR, KURNOOL DISTRICT. 2. N GIRI BABU, S/0 NOT KNOW TO THE PETITIONERS, AGED SUB-INSPECTOROF POLICE, ASPARI POLICE MAJOR, OCC- STATION, ASPARI (V), ASPARI MANDAL, KURNOOL DISTRICT. 3. GOVIND NAIK, S/O NOT KNOW TO THE PETITIONERS, AGED MAJOR, OCC- POLICE CONSTABLE, ASPARI POLICE STATION, 2 ASPARI (V), ASPARI MANDAL, KURNOOL DISTRICT. 4. LAKSHMINARAYANA, S/0 NOT KNOW TO THE PETITIONERS aged major, OCC- police constable, ASPARI pofll STATION, ASPARI (V), ASPARI MANDAL, KURNOOL DISTRICT 5. S JAMPAL NAIK, S/0 NOT KNOW TO THE PETITIONERS MAJOR, OCC- PANCHAYAT SECRETARY, HALIGERA MANDAL, KURNOOL DISTRICT. i I AGED (V), ASPARI 6. NARALA OBULESU, S/0 LATE N.THIPPANNA, AGED - MAJOR '^ALIGERA (V), ASPARI (M), KURNOOL UloTRICT. 7. NARALA DHANUNJAYA, S/0 N. ANJINAIAH, AGED - MAJOR, OCC- AGRICULTURE, R/0. HALIGERA (V), ASPARI (M), KURNOOL DISTRICT. 8. NARALA RAMUDU, S/0 N.SHANKARAPPA RAO, AGED - MAJOR OCC- AGRICULTURE, R/0. HALIGERA (V), ASPARI (M), KURNOOL DISTRICT 9. P KOTESWARA RAO, S/0 NOT KNOWN TO AGED MAJOR OCC f COLLECTRORATE LN OPP THE PETITIONER KURNOOL DISTRICT COLLECTOR R/0. GOVT. GENERAL HOSPITAL BUDHAWARA PETA ALLURI SITARAMA RAJU NAGAR KURNOOL ANDHRA PRADESH 518 002 10.NITYANADHA RAJU, S/0 NOT KNOWN TO THE PETITIONER AGED MAJOR OCC MANDAL REVENUE OFFICER R/O. ASPARI MANDAL REVENUE OFFICE, ASPARI, ADONI, KURNOOL DISTRICT. RR 9 AND 10 IMPLEDED AS PER COURT ORDER DT21/04/2022 VIDE NO 2 OF 2022 IN CC NO 1889 OF 2021 lA ...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 pteased to pleased to punish the Respondents/Contemnors herein under the Contempt of Courts Act, 1972 for their deliberate and wilful violation of the order dated 20.07.2021 in lA No.1 of 2021 in W.P.No. 14006/2021 granted bv this Hon'ble Court and pass ^ lA NO: 1 OF 2021 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 3 Pleased to grant leave and permit the petitioners to file the above Contempt Case against the respondent no.1 to 4 herein and pass lA NO: 1 OF 2022 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 grant leave to the Petitioners and receive the; (i) office copy of the Legal Notices dated 25.07.2021; (ii) original Postal Acknowledgements dated 28.07.2021, 29.07.2021; (iii) copies of the Photographs & Videos (Pen-drive) taken on 28' July 2021; (iv) copies of the Photographs taken on 18.01.2022; (v) copy of the Counter Affidavit dated 28.12.2021 filed by the DistrictD Collector, Kurnool in WP.No.14006 of 2021 as additional documents in the above C.C.No.1889 of 2021 and pass such other lA NO: 2 OF 2022 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 Be pleased to implead the Respondent Nos.9 and 10/Proposed Respondents herein as Respondents in the above Contempt Case.No.1889 of 2021 and pass such lA NO: 3 OF 2022 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 receive the Affidavit filed in support of the above lA as an additional Affidavit and also permit the Petitioners to amend the prayer in the above CC.No.1889 of 2021 by adding the words and letters "and also direct the Respondents to remove the pipelines laid in the Petitioners land ad-measuring Ac.0-92 Cents situated in RS.No.204 of Haligera Village, Aspari Mandal, Kurnool District" after the words and letters "granted by this Hon’ble Court" and before the words and letters "and pass such other" and pass lA NO: 4 OF 2022 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 receive the copy of LR.Rc.No.PS/Haligera/BC-Colony/ Water Problem/ 2022-23 dated 13/05/2022 and the Order dated 07/04/2022 in WP No.14006 of 2021 as additional material papers in the above C.C.No.1889 of 2021 and pass lANO: 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 4 Pleased to recall the NBW's Issued in C.C.No. 1889 of 2021 dated 01-02- 2023 against respondent no. 6 to 8 and pass lA NO: 2 OF 2023 in r rfa Circumstances stated m the a^ffidavit filed in support of the petition, the High Court may be pleased 202™ oT-02?02Tand pass Counsel for the Petitioner(S): 1. M R K CHAKRAVARTHY Counsel for the Contemnor(S): 1.TBALASWAMI 2.KIRAN KUMAR VADLAMUDI 3.J JANAKIRAMI REDDY 4. VVINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following: K 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE No.1889 of 2021 ORDER: This Contempt Case has been filed complaining the willful disobedience of the order dated 20.07.2021 in I.A.No.1 of 2021 in W.P.No.14006 of 2021. During the course of hearing, learned counsel appearing for the respondents would submit that complaining non-implementation of the interim order passed on 20.07.2021 in I.A.No.1 of 2021 in W.P.No.14006 of 2021, this Contempt Case has been filed, but subsequently the main writ petition itself has been disposed of by order dated 07.04.2022 of the learned Single Judge of this Court. While disposing of the said writ petition, the learned Single Judge observed that as far as existence or non-existence of the pipeline was concerned, it was a matter of private dispute between the respondent Nos. 5 to 7 and the petitioners. The Court held that the issue could not be decided in those proceedings and the parties were relegated to their own remedies. 2. 3. In the light of the said order, now the parties, if so aggrieved, they have to prosecute their remedies in appropriate forum, as the main writ petition is disposed of. 4. In our considered view, no further adjudication is required in the present contempt case. 6 5. Accordingly, the Contempt Case is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To Sri K Eshwaraiah, Inspector of Police, Alur Police Station, Alur, Kurnool District. 2. Sri N Giri Babu, Sub-Inspector of Police, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 3. Sri Govind Naik, Police Constable, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 4. Sri Lakshminarayana, Police Constable, Aspari Police Station, Aspari Village, Aspari Mandal, Kurnool District. 5. Sri S Jampal Naik, Panchayat Secretary, Haligera Village, Aspari Mandal, Kurnool District. 6. Sri Narala Obulesu, S/o. late N.Thippanna, Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District. 7. Sri Narala Dhanunjaya, S/o. N. Anjinaiah, Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District. Sri Narala Ramudu, S/o. N.Shankarappa Rao, Agriculture, R/o. Haligera Village, Aspari Mandal, Kurnool District Sri P Koteswara Rao, Kurnool District Collector, R/o. Collectorate Ln, Opp Govt. General Hospital, Budhawara Peta, Alluri Sitarama Raju Nagar, Kurnool, Andhra Pradesh -518 002. 10. Sri Nityanadha Raju, Mandal Revenue Officer R/o. Aspari Mandal Revenue Office, Aspari, Adoni, Kurnool District. 11. One CC to Sri M R K Chakravarthy, Advocate [OPUC] 1. 8. 9. - 12. One CC to Sri T Balaswami, Advocate [OPUC] One CC to Sri Kiran Kumar Vadlamudi, Advocate [OPUC] One CC to Sri J Janakirami Reddy, Advocate [OPUC] One CC to Sri V Vinod K Reddy (SC for ZP MPDO GP) [OPUC] Two CD Copies 13. 14. 15. 16. TK sree HIGH COURT DATED:04/09/2025 ORDER CC No.1889 of 2021 CLOSING THE CONTEMPT CASE WITHOUT COSTS