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2025 DAILYLAW 24821 (AP)

Water Users Association, rep. by its President v. Sri Jali Reddy,

CC/468/2012 · 2025-03-04

Subba Reddy Satti

body2025

Judgment text

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APHC010351362012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 468/2012 Between: 1. WATER USERS ASSOCIATION, REP. BY ITS PRESIDENT, P.SREENIVASULU REDDY S/O GOPAL REDDY R/O METTU VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. SRI JALI REDDY, TAHSILDAR, THE TAHSILDAR, CHITTAMURU MANDAL, CHITTAMURU, SPSR NELLORE DISTRICT. 2. SMT ERRAKAM MUNILAKSHMI, TAHSILDAR CHITTAMURU MANDAL, CHITTAMURU SPSR NELLORE DISTRICT R 2 IMPLEDED AS PER COURT ORDER DT 18/07/2022 VIDE IA NO.1 OF 2022 IN CC NO.468 OF 2012. ...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 respondent under the provisions of contempt of Courts Act for violation of the orders of this Hon'ble Court passed in WPNo.14995 of 2011 dt.21-06-2011, and pass IA NO: 1 OF 2016(APPL 777 OF 2016 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 implead present Tahsildar Sri K. Chandrasekhar Rao, Tahsildar, Chittamuru Mandal, Chittamuru, SPSR Nellore District i.e., Proposed 2 respondent No.2 as respondent No.2 in the above C.C.No.468 of 2012, and pass IA 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 implead the present Tahsildar Smt.Errakam MunilaksImmi, Tahsildar, Chittamuru Mandal, Chittamuru, SPSR Nellore District i.e, proposed respondent No.3 as respondent No.3 in the above C.C.No.468 of 2012, and pass such other or further Counsel for the Petitioner: 1. P GANGA RAMI REDDY Counsel for the Contemnor(S): 1. GP FOR REVENUE 2. NARASIMHA REDDY. G . L 3. ; The Court made the following: :: ORDER :: Heard Sri P.Ganga Rami Reddy, learned counsel for the petitioner and Sri G.L.Narasimha Reddy, learned counsel appearing for the respondents. 2. The above contempt case is filed complaining about the violation of the order dated 21.06.2011 passed in W.P.No.14995 of 2011. 3. The Water Users Association filed the above writ petition to declare the inaction of respondents 1 and 2 in taking steps for removal of encroachments on tank poramboke of Peddacheruvu of Mettu Village, Chittamuru Mandal, covered in Survey No.204, as illegal and arbitrary. 3 4. The said writ petition was disposed of on 21.06.2011. The operative portion of the order reads as follows: “In view of the statement made by the learned Government Pleader, I direct the 2nd respondent Tahsildar to take all such measures, which are needed in accordance with law to evict the encroachers as soon as the present standing crop is harvested by them. The Tahsildar will ensure that no fresh agricultural operations are carried out by such encroachers thereafter. With this, the Writ Petition stands disposed of. No costs.” 5. The above contempt case was listed on 28.07.2022. The learned Government Pleader submitted instructions vide Rc.B.198/2011, dated 14.07.2022 that the orders passed in the writ petition have been complied with. The learned counsel for the petitioner took time to verify the same. Thereafter, the matter was listed today. 6. As seen from the instructions, of the Tahsildar, Chittamur Mandal, Tirupati District-2nd respondent, all the encroachers were evicted by following the procedure under Land Encroachment Act, 1905, by issuing notices under Section 7 dated 08.02.2011 and order under Section 6 dated 21.02.2011. The tank poramboke land situated in Sy.No.204 of Mettu Village is not under encroachment. The same was not controverted by the petitioner. 7. Since, the encroachments were removed, in pursuance of the order, dated 21.06.2011, the order of the Court has been complied with and thus this court doesn’t find any violation of the order. Accordingly, the contempt case is closed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.03.2025 SNI 4 54 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 468 / 2012 Date: 04.03.2025 SNI