1 APHC010374592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 22802/2022 AND CONTEMPT CASE NO: 1117 OF 2024 Between: Gorle Satyam and Others ...PETITIONER(S) AND The Government Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. CHALASANI AJAY KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2 The Court made the following: COMMON ORDER: The petitioners claim that they are the absolute owners and possessors of the lands to an extent of Ac.0.05 cents in Sy.No.85- 2F, an extent of Ac.0.06 cents and an extent of Ac.0.21 cents in Sy.No.85-2A of Gorapudi Village, Rambilli Mandal, Anakapalli District, through inheritance from their ancestors. It is further case of the petitioners that they were issued pattadar pass books in respect of the subject lands, and are eking out their livelihood by conducting agricultural operations. They have also obtained electricity service connection bearing Nos.113458A010000390 and 113458A010000391 to the sheds raised thereon. It is further case of the petitioners that they are also in possession of lands which are adjacent to the subject lands and they have been requesting the respondents to issue pattdar passbooks in their favor, and the said request is pending consideration. When the respondents tried to dispossess the petitioners from the subject lands without issuing any notice, the petitioners approached this Court by filing the present with petition. 2. This Court by order Dated 03.08.2022, directed the respondents to maintain Status-quo existing on that date. 3 3. On the other hand, the 3rd respondent filed counter affidavit stating that the subject lands are classified as private ‘zeroithi lands’ in revenue records, as such, the question of dispossessing the petitioners from the subject lands does not arise. It is further averred in the counter affidavit that the petitioners have encroached into the Government lands situated in Sy.Nos.116/1, 116/2 & 118 of Gorapudi Village, Rambilli Mandal, Anakapalli District, and raised temporary thatched houses. As the petitioners have encroached into the Government lands, they have removed the structures raised thereon. At that juncture, the petitioners filed contempt case, vide C.C.No.117 of 2024, taking advantage of the interim order passed by this Court in W.P.No.22802 of 2022, dated 03.08.2022, alleging as if the respondents have demolished the structures in the lands in Sy.No.85/2A and 85/2F which is the subject matter of the present writ petition. The respondents have strenuously contended that, neither they violated the interim order passed by this Court on 03.08.2020 nor interfered with the possession of the petitioners over the subject lands in Sy.Nos.85/2A & 85/2F. As such, prayed to dismiss the writ petition. 4. The Revenue Divisional Officer filed counter affidavit stating that the respondents have never interfered with the possession of 4 the petitioners in Sy.No.85/2A and 85/2F. Taking advantage of the interim order, the petitioners encroached into the lands in Sy.No.116/1, 116/2 and 118. Therefore, the respondents have initiated action against the petitioners in respect of the said survey numbers, but not interfered with their possession over the subject lands in Sy.No.85/2A and 85/2F. 5. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 6. Perused the material available on record. 7. It is not in dispute that the petitioners are the owners of the lands in Sy.Nos.85/2A & 85/2F. In fact, the respondents have also admitted in the counter affidavit that the subject lands are classified as ‘zeroithi lands’ in the revenue records. It is submitted by the respondents that they are not interfering with the possession of the petitioners in respect of the subject lands. 8. In view of the categorical averments made in the counter affidavit, there shall be a direction to the respondents not to interfere with the possession of the petitioner in respect of the lands admeasuring an extent of Ac.0.05 cents in Sy.No.85-2F, an extent of Ac.0.06 cents in Sy.No.85-2A and an extent of Ac.0.21 cents in 5 Sy.No.85-2A of Gorapudi Village, Rambilli Mandal, Anakapalli District, and accordingly the writ petition is disposed of. 9. The petitioners filed contempt case, vide C.C.No.117 of 2024, alleging that the respondents have violated the interim order granted by this Court on 03.08.2022, and demolished the structures raised in the subject lands. Per contra, the respondents have categorically stated that they did not interfere with the possession of the petitioners over the subject lands. As the petitioners encroached into the lands belonged to the Government in Sy.No.116/1, 116/2 & 118, they have initiated actions and removed thatched houses raised therein to protect the Government lands from the hands of the petitioners. 10. The petitioners have not placed nothing on record to show that the respondents have violated the interim order dated 03.08.2022, except making bald averments in the affidavit filed in support of the contempt case. In the absence of any evidence to show that respondents have violated the order dated 03.08.2022, the contention of the petitioners cannot be believed. In view of the same, there are no merits in the contempt case and the same is accordingly dismissed. 6 11. Accordingly, the Writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________ T.C.D.SEKHAR,J Date: 11.03.2025 ANS 7 257 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 22802/2022 & CONTEMPT CASE NO:1117 of 2024 Date: 11.03.2025 ANS