APHC010020372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3516] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CONTEMPT CASE NO: 212/2025 Between: T.s. Vijaya Kumar and Others ...PETITIONER(S) AND L Abdul Khadir and Others ...CONTEMNOR(S) Counsel for the Petitioner(S): 1. SHAIK KARIMULLA Counsel for the Contemnor(S): 1. 2 HBKM,J & HVN,J C.C.No.212 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that this contempt case is filed alleging that the respondents violated the judgment of this Court in W.A.No.1065 of 2023 dated 22.02.2024, wherein it was observed as under:- “Accordingly, the Writ Appeal is rejected. The rejection of the Appeal will not come in the way of the Board to carry out an exercise in accordance with the mandate of Section 40 of the Act. The Board in the event of initiating any process under Section 40 of the Act shall notify the interested parties, afford an opportunity of hearing and thereafter pass orders as is permissible under the Act. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.” 3. He further produces the letter of the Chief Executive Officer (FAC), A.P. State Waqf Board, Vijayawada addressed to the Kurnool Municipal Corporation dated 24.05.2024 with respect to the removal of the unauthorized constructions in the Waqf land specifically in an extent of Ac.5.32 cents in Sy.No.62 of Kurnool. 4. He further submits that the said letter of the CEO Waqf Board dated 24.05.2024 was under challenge in W.P.No.1084 of 2025, wherein, some interim orders were also passed. Even as per the observation made by the Division Bench of this Court in the above said writ appeal, when board initiates proceedings under Section 40 of the A.P. Waqf Act, 1995 an opportunity shall 3 HBKM,J & HVN,J C.C.No.212 of 2025 be given to the parties concerned before passing the final order. But there was no proceedings submitted by the petitioners alleging that there is a gross violation of Section 40 of the said Act by the respondents herein concerned. 5. In view of the same, as there is no prima facie case made out, the Contempt Case is dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN ________________________ JUSTICE NYAPATHY VIJAY 19.02.2025 PGT