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2025 DAILYLAW 3452 (AP)

SRI VIJJAPU SURYA RAO v. SURYA KALA

CC/368/2024 · 2025-03-20

T C D Sekhar

body2025

Judgment text

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APHC010017662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CONTEMPT CASE NO: 368/2024 Between: Sri Vijjapu Surya Rao ...PETITIONER AND Surya Kala and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. VENKATESWARA RAO GUDAPATI Counsel for the Contemnor(S): 1. K M KRISHNA REDDY The Court made the following: ORDER: 1. The present Contempt Case is filed alleging that the respondents have violated interim order dated 17.01.2022 passed in W.P.No.804 of 2022. 2. It is the case of the petitioner that he is the absolute owner and possessor of the land admeasuring Ac.0.17 cents in Sy.No.84/11 of Kottavuru Revenue village, S.Kota Mandal, Vizianagaram District. He filed writ petition vide WP No.804 of 2022 questioning the action of the official respondents in assigning the petitioners property in favour of respondent Nos.5 to 8 without acquiring the same under Act 30 of 2013. It is further contended that this Court by order dated 17.01.2022 directed both the parties to maintain status-quo with regard to possession of the subject property. It is further case of the petitioner that despite the said order, the respondent Nos.3 to 6 started construction and the same was informed to the respondent Nos.1 & 2 with a request to implement the orders passed by this Court on 17.01.2020. He would further submit that a legal notice dated 19.11.2023 was also issued to the 2nd respondent herein and the same was received on 20.11.2023, inspite of the same no action was initiated, thereby the respondents are rendered themselves liable to be punished under contempt of Courts Act. 3. On the other hand, the 2nd respondent filed counter affidavit stating that the subject land was acquired in the year 1996 for the purpose of house sites to weaker section. It is further contended that the land owners filed writ petitions vide W.P.No.23411 of 1996 and WP No.22446 of 1996 before this Court and the same were dismissed. Subsequently house site pattas were distributed during the year 2007 and 2008 in favour of beneficiaries, who constructed houses and living therein peacefully. It is further contended that subsequent to the order of status-quo dated 17.01.2022, the respondents did not violate the said order and prayed to dismiss the present contempt case. 4. As seen from the pleadings, nothing is placed on record to show that the respondents violated the interim order passed by this Court. Apart from the same, it is specifically contended the subject land was acquired in the year 1996 and later, house site pattas were issued during the year 2007-2008. In the absence of any material to show that the respondents have violated the orders of this Court, the contempt case is not maintainable and accordingly, the same is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. _______________ T.C.D.SEKHAR,J 20.03.2025 DR 463 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CONTEMPT CASE No.368 OF 2024 Date 20.03.2025 DR