APHC010444902021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 2165 OF 2021 Between: 1. T.SIVA, , S/o. T. Kallappa, Aged about 45 Years, Occ, Agriculture, R/ o. D.No. 13-5-531, Tata Nagar, Tirupathi Chittoor District. 2. T. Narayana, , S/o. T. Kallappa, Aged about 47 Years, Occ, Agriculture, R/o. D.No. 13/4/505/8, Mallaiah Gunta, Tirupathi Chittoor District. 3. ThanthimakulaRamachandra,, S/o. T. Kallappa, Aged about 56 Years, Occ, Agriculture, R/o. D.No. 13-5-531/F5, Thataiaha Gunta, Tirupathi Chittoor District. 4. T. Chittibabu, , S/o. T. Ramakrishna, Aged about 35 Years, Occ-- Agriculture, R/o. D.No. 13-4-505A, M G Katta, Tirupathi Chittoor District. ...Petitioners AND 1. SRI P S GIRISH, Municipal commissioner, Tirupathi MuniCipal Corportation, Tirupati Mandal, Chittoor District. 2. Smt D Haritha, Additional Commissioner, TirupathiMunicipal Corportation, Tirupati Town Sr Mandal, Chittoor District. 3. Sri Shanmugham, Assistant Commissioner of Town Planning, Tirupathi Municipal Corportation, Tirupati Town and Mandal, Chittoor District. 4. Smt R Sridevi, , W/o Not known to the Petitioner, Aged about 50 yrs, Occ - Nominated Council Member, R/ o. H.no- 20-49-52-616, Maruthi Nagar, Koralagunta, Tirupati Town and Mandal, Chittoor District. ...Respondents Counsel for the Petitioners: P S P SURESH KUMAR 2 Counsel for the Respondents: KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) Counsel for the Respondents:K JYOTHI PRASAD Counsel for the Respondents:SUBBA RAO KORRAPATI Counsel for the Respondents:J RAVI KUMAR The Court made the following ORAL ORDER: Heard Sri B. Subramanayam, learned Counsel appearing on behalf of Sri P.S.P. Suresh Kumar, learned Counsel for the Contempt Petitioners; Sri K. Subba Rao, learned Counsel for the Respondent No.1; Sri J. Ravi Kumar, learned Counsel for Respondent No.3; Ms. V. Soumya, learned Counsel appearing on behalf of Sri K. Jyothi Prasad, learned Counsel for Respondent No.4. 2. In compliance with Form-I notice dated 28.07.2025, Ms. D. Haritha (Respondent No.2) and Ms. P. Shanmugam (Respondent No.3) are present. 3. Learned Counsel for the Contempt Petitioners has drawn the attention of this Court to the Order passed by this Court in W.P.No.18188 of 2021 dated 25.08.2021. 4. The prayer in the Writ Petition is usefully extracted hereunder: “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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in trying to demolish the tin shed shops of the Petitioner and trying to dispossess the petitioners from their Land an Extents of Land admeasuring 0.33 cents in Sy.No 37-1, D No.20-2-554/E in Korlagunta Maruthinagar Tirupathi Town, Tirupathi Urban Mandal Chittoor District as arbitrary illegal and violation of Principles of Natural Justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their house or sites.” 5. Having considered the said Writ Petition (W.P.No.18188 of 2021), the Learned Single Judge of this court was pleased to dispose of this Writ Petition on 25.08.2021. Relevant portion of the Order is usefully extracted hereunder: 3 “The case of the petitioners, who are brothers, is that they are the absolute owners and possessors of land to an extent of Ac.0.33 cents in Sy.No.37-1 of Korlagunta Maruthinagar, Tirupathi Urban, Tirupathi Mandal, Chittoor District. The same was purchased by the father of the petitioners under a registered sale deed bearing document No.4615 of 1977 dated 05.07.1977. After the expiry of the petitioners' father, petitioners were in peaceful possession and enjoyment of the aforementioned property. They also constructed tin sheds and erected shops and gave them on lease. Accordingly, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the subject properties, without following due procedure established by law. There shall be no order as to costs.” 6. It is the case of the Petitioners that the Order passed by the Learned Single Judge dated 25.08.2021 has attained finality. However, it is the allegation of the Petitioners that the Official Respondents have demolished the shed/sheds belonging to the Petitioners in a high-handed manner and without issuing any Advance Notice. The then Officer who was acting as Commissioner of the Tirupati Municipal Corporation has filed the Counter Affidavit dated 31.01.2022. The relevant portion of the Counter Affidavit is usefully extracted hereunder: “8. In reply to para 7 of the affidavit, it is submitted that the petitioner owns 0-33 cents of land in S.No.37/1 of Akkarampalle Village accounts. This land abuts S.No.36 on the northern side, which is classified as kalva poramboke. The petitioners have encroached the buffer area in S.No.36 classified as kalva Poramboke and constructed car sheds in both S.Nos.36 and 37/1 of Korlagunta Maruthi Nagar area. This Respondent officials have removed tin shed sheets erected only in S.No.36 classified as Kalva Poramboke and have not touched the property of the petitioners in S.No.37/1. The encroachment of the petitioners in S.No.36 is 121.4 Sq. Mts., as shown in the combined sketch enclosed to this counter. 9. In view of the directions issued by the Hon'ble Court in W.P.No.18188 of 2021 dt: 25.08.2021 this Respondent issued a notice to the encroachers in the land in S.No.36 and the tin sheet sheds were got removed by the tenants namely Sri M. Shankar and Sri G. Krishna Rao by themselves who have taken lease of the site from the Writ Petitioners. This Respondent officials have not touched the property of the petitioner in S.No.37/1 and thus not violated the orders of this Hon'ble High Court passed in W.P. No.18188 of 2021 dt: 25.08.2021.” 4 7. The above extract would indicate that the Official Respondents have issued notice on 08.10.2021. The receipt of notice is however disputed by the Petitioners. The said notice is placed on record. 8. Sri K. Subba Rao, learned Counsel for the Respondent No.1 has drawn the attention of this Court to the contents of the notice dated 08.10.2021, which indicates that the Petitioners are in occupation of shed/sheds situated in two survey numbers bearing Sy.Nos.36 & 37-1 and that they have demolished the shed/sheds which are exclusively situated in Sy.No.36, which is covered by the notice dated 08.10.2021. As indicated earlier, the learned Counsel has seriously disputes the receipt of this notice dated 08.10.2021. In any case, the notice issued by the Respondents seeking to evict the Petitioners is only in respect of shed/sheds situated in Sy.No.36, which is admittedly not covered by the Order of this Court in W.P.No.18188 of 2021 dated 25.08.2021. Since the act of demolition has not touched the property which is covered by the Order of this Court dated 25.08.2021 in W.P.No.18188 of 2021, this Court is of the view that the Respondents have not committed any contempt in the present Contempt Case. However, upon having survey conducted by the Petitioners, if it so emerges that the Respondents have demolished that portion of the shed which lies in portion of Sy.No.37-1, this Court deems it appropriate to grant liberty to approach this Court by way of filing another Contempt Case along with proof that the demolition in fact done to the shed lying in Sy.No.37-1. 9. With these observations, this Contempt Case is disposed of. No Order as to Costs. 10. Ms. D. Haritha (Respondent No.2) and Ms. P. Shanmugam (Respondent No.3) who had physically appeared before this Court in compliance with the Form-I Notice dated 28.07.2025 are discharged from the Contempt Case in view of the dismissal of the Contempt Case. 5 11. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 14.08.2025 JKS 6 232 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 2165 OF 2021 14.08.2025 JKS