APHC010544222023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 6001/2023 Between: 1. PATTAPU KANAKAIAH, S/O. BASAVA PUNNAIAH, AGED 35 YEARS, OCC. AUTO DRIVER, R/O. D.NO. 1-135, PALLAPATLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. (ERST WHILE GUNTUR DISTRICT). ...PETITIONER AND 1. SMT P RUKMINI, W/o. Not known to the petitioner, Occ. Panchayat Secretary, Pallaptla Gram Panchayat, Pallaptla Village, Nizampatnam Mandal, Bapatla District. (Erst while Guntur District). ...CONTEMNOR 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 Under Section 10 to 12 of Contempt of Courts Act for their willful disobedience of order dated 21.08.2023 in I.A.No.1 of 2023 in W.P.No.21341 of 2023 on the file of this Hon'ble Court and pass IA NO: 1 OF 2025 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 may be pleased to dispense with the appearance of the personal respondent herein before this Hon'ble petitioner/High Court as per the orders dated 03-04- 2025 in C.C.No.6001 of 2023 and pass 2 IA NO: 2 OF 2025 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 impleadment of the following person as additional respondent No.2 in the present Contempt Case Smt.M.Siva Laitha, Panchayat Secretary (Incharge), Pallaptla Grama Panchayat, Pallaptla Village, Nizampatnam Mandal, Bapatla District, and Pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Contemnor: 1. G VENKATA REDDY 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats WRIT PETITION NO: 21341/2023 Between: 1. PATTAPU KANAKAIAH, S/O. BASAVA PUNNAIAH, AGED 35 YEARS, OCC. AUTO DRIVER, R/O. D.NO. 1-135, PALLAPATLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA. 3. THE REVENUE DIVISIONAL OFFICE, REPALLE, BAPATLA DISTRICT. 4. THE THAHSILDAR, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, 3 NIZAMPATNAM MANDAL, BAPATLA DISTRICT. 6. PALLAPTLA GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY -CUM- PANCHAYAT SECRETARY, PALLAPTLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. 7. PATTAPU BABU RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 60 YEARS, 8. PATTAPU ARJUNA RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 55 YEARS, 9. PATTAPU SAMBASIVA RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 50 YEARS, 10. PATTAPU VENKATESWARA RAO, S/O. ARJUNA RAO, AGED ABOUT 30 YEARS, RESPONDENTS 6 TO 9 ARE RESIDENTS OF PALLAPTLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. 6. PALLAPTLA GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY -CUM- PANCHAYAT SECRETARY, PALLAPTLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. 7. PATTAPU BABU RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 60 YEARS, 8. PATTAPU ARJUNA RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 55 YEARS, 9. PATTAPU SAMBASIVA RAO, S/O. NAGA MALLESWARA RAO, AGED ABOUT 50 YEARS, 10. PATTAPU VENKATESWARA RAO, S/O. ARJUNA RAO, AGED ABOUT 30 YEARS, RESPONDENTS 6 TO 9 ARE RESIDENTS OF PALLAPTLA VILLAGE, NIZAMPATNAM MANDAL, BAPATLA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the respondents, particularly respondents 4 to 6 in not initiating any steps on petitioner's petitions dated 10.08.2023, 14.10.2022 and 30.07.2022 submitted for protection of internal CC road by removing the encroachments under taken by respondents 7 to 10 towards western side of petitioner's house and prevent them without digging the hole on said CC Road thereby blocking his right of passage to reach his said house from panchayat Road and abatement of public nuisance, by ignoring mandate of law under Section 53 of The Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under said statute and offends Articles 14, and 21 of Constitution of India and consequently direct the respondents 1 and 6 initiate necessary action on respondents 7 to 10 and recover the costs to the damages of said internal CC Road 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 4 direct the respondents 1 and 6 initiate necessary action on respondents 7 to 10 and recover the costs to the damages of internal CC Road situated towards western side of petitioner's house bearing D.No. 1-135, Pallapatla Village, Nizampatnam Mandal, Bapatla District, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2025 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 may be pleased to grant leave to the Petitioners/ respondents N0.5&6 to file the counter affidavit and pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. K RAMA KOTESWARA RAO 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 5 The Court made the following: COMMON ORDER: Since both the cases are interlinked, they are heard together and disposed of by this common order. 2. Heard Sri Siva Sankara Rao Borra, learned counsel for the petitioner and learned counsel for the respondents. 3. Non-consideration of representations dated 14.10.2022, 30.07.2022 and 10.08.2023 submitted to respondent Nos.4 to 6 for protection of internal CC road by removing encroachments undertaken by respondent Nos.7 to 10 towards western side of petitioner’s house and prevent them from digging hole on the said CC Road thereby blocking right of passage to reach his house from Panchayat road and abatement of public nuisance, by ignoring mandate of law under Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 and rules framed under, Writ Petition No.21341 of 2023 is filed. 4. On 21.08.2023, this Court passed the following order: “Heard. Sri Siva Sankara Rao Borra, learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, respondents Nos.7 to 10 are high handedly making certain constructions on the CC road vests with Gram Panchayat and in spite of bringing the same to the notice of the authorities by way of complaints/petitions dated 30.07.2022, 14.10.2022 and 10.08.2023, but respondent No.6-Panchayat Secretary is not taking any steps, though a statutory duty cast upon him by virtue of the Provisions of sections 53 and 98 of Parnchayat Raj Act, 1994. He further contended that if the said constructions are completed, the petitioner’s ingress and aggress and right to use the road will be affected, as such prayed to pass orders to protect the interest of the petitioner. 6 Perused the record. The petitions/complaints made by the petitioner were not considered so far and as rightly contended by the learned counsel for the petitioner, in the event, if the unofficial respondents proceed with the construction on the CC road, it affects the petitioner’s rights, as such, this Court is inclined to pass the following order: Respondent No.6-Grama Panchayat is directed to look into the petitions/complaints made by the petitioner and take necessary steps in accordance with law, if any encroachments are already made in CC road belongs to Grama Panchayat.” 5. The Contempt Case No.6001 of 2023 is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 21.08.2023 passed by this Court in Writ Petition No.21341 of 2023. 6. Learned counsel for the petitioner submitted that the orders of this Court disobedience of which is complained of in this contempt case has been complied with and there remains nothing for adjudication and the contempt is liable to be closed. He further submitted that in view of the compliance of the orders dated 21.08.2023 in the contempt case, the cause in the Writ Petition also does not survive and there remains nothing for adjudication in the writ petition and has become infructuous. 7. Recording the said submission, the Contempt Case is closed and the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 7 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 04th September, 2025 RKS