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APHC010672942022
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CONTEMPT CASE NO Between:
1. Y HARI BABU, S/O KONDALA RAO AGED ABOUT 58 YEARS, R/O D.NO.48-8-6, FLAT NO.1, GF GUNADALA, VIJAYAWADA, KRISHNA DISTRICT
1. DR K MADHAVI LATHA I A S, District Collector, East Godavari Districtt, Rajamahendravaramu Andhra Pradesh
Counsel for the Petitioner:
1. SUBBA RAO KORRAPATI Counsel for the Contemnor:
1. B S SHIVAJI The Court made the following:
ORDER:
The present Contempt Case willful disobedience to the Order dated No.7603 of 2020 passed by this Court. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CONTEMPT CASE NO. 6193 OF 2022 Y HARI BABU, S/O KONDALA RAO AGED ABOUT 58 YEARS, R/O 6, FLAT NO.1, GF-2, SRI HARINI APARTMENTS, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND DR K MADHAVI LATHA I A S, District Collector, East Godavari Districtt, Rajamahendravaramu Andhra Pradesh ...CONTEMNOR Counsel for the Petitioner:
SUBBA RAO KORRAPATI Counsel for the Contemnor: The Court made the following: Contempt Case has been filed to punish the respondent for the Order dated 18.03.2020 passed in Writ Petition passed by this Court. IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY Y HARI BABU, S/O KONDALA RAO AGED ABOUT 58 YEARS, R/O 2, SRI HARINI APARTMENTS, ...PETITIONER DR K MADHAVI LATHA I A S, District Collector, East Godavari ...CONTEMNOR to punish the respondent for passed in Writ Petition
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2. The Writ Petition No.7603 of 2020 was filed under Article 226 of the Constitution of India seeking the following prayer:
“…declaring the action of the respondent vide his order in Computer No.209962, dated -03-2020, keeping the land of the petitioner an extent of Ac.15.53 cents in Survey Number 416/2B2A and 416/2B2B of Rajamahendravaram Urban, in the list of prohibited lands under Section 22(A) of the Registration Act, is highly atrocious, void and non-est in law, highly unwarranted, without jurisdiction, contrary to the provisions of A.P. Land Reforms (COAH) Act, 1973 and contrary to the Section 22(A) of Registration Act, highly arbitrary, suffers from non-application of mind, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and pass…”
3. By an order dated 18.03.2020, this Court suspended the order impugned in the Writ Petition for a period of two weeks. Since the order passed by this Court has not been implemented, the petitioner has resorted to file the present Contempt Case against the respondent. 4. The respondent filed the reply-affidavit (counter), wherein he categorically stated as follows:
“3.
In reply to paras 3, 4, it is submitted that the petitioner herein filed a W.P.No.7603 of 2020 praying to direct the respondents to delete said lands from the 22 (1) (D) which was placed as per the orders of the EG Collector's vide Computer NO.209962, dated 03.2020 keeping the land an extent of Ac.15.53cts in Sy.No.416/2B2A and 416/2B2B of Rajamahendravaram Urban, in the list of prohibited lands under Section 22A of the Registration Act, 1908. It is submitted that the above Writ Petition came up for consideration before this Hon'ble High Court on 18.03.2020 and the Hon'ble High Court was pleased to pass the following interim orders. 3
"Learned Assistant Government Pleader for Revenue seeks time to obtain instructions and for production of records referred in the order impugned to this Writ Petition in Computer No.209962, dated --.03.2020. The basis for the order impugned in the Writ Petition is surrender statements in LCC.No.919/Rjy/75, LCC.No.917/Rjy/75 and LCC.No.168/Rjy/75, Copies of these surrender statements and surrender proceedings in those three matters are placed on record to show that the land in Sy: No. 416/282A to an extent of Ac. 11.65cts and the land in. Sy No.416/2B2B measuring an extent of Ac.3.82ets is included in the surrender statements filed under Section 10(4) of AP. Land Reforms (COAH) Act, 1973 and the orders thereon passed by the Sub Collector, Rajamahendravaram and on the other hand the petitioner also obtained permission for conversion of land from agricultural to non-agricultural and placed on record, the cop of the proceedings even prima facie disclose that the basis for the order impugned in this writ petition is not supported by other material" I respectfully submit that 1 have joined as District Collector, East Godavari District, Rajamahendravaram on 04.04.2022. On 08.07.2022 and 07.11.2022, the petitioner filed an application to this Office with a request to delete the said land from the list of prohibited properties Us.22A of Registration Act pertaining to Rajamahendravaram Urban Mandal.
I am in obedience of the interim orders passed by the Hon'ble Court have taken steps to delete the lands from 22 A notification. It is finally submitted that with respect to the Hon'ble High Court orders, I have obeyed interim directions passed in WP No.7603/2020 and passed necessary orders vide this office Ref.Lands-3/445713/2022, dt. 13.03.2023. It is respectfully submitted that there is no violation or disobedience much less willful disobedience on my part for the orders passed by this Hon'ble court. Being a public servant, I am duty bound to implement the orders of the Hon'ble Court. I submit that I have great respect and highest regard to the orders passed by this Hon'ble Court and have been implementing the same with utmost care and caution. 4
I further submit that there was a delay in implementing the orders of the Hon'ble Court, the delay is neither willful not wanton but to the reason stated above for which I am hereby tendering unconditional apology and the same may be accepted and close the contempt case. For the reasons stated above, it is therefore prayed that the Hon'ble Court may be pleased to close the contempt case against this respondents and pass such order or order deemed fit the interest of justice.”
5.
Learned counsel appearing on behalf of the petitioner submits that by virtue of the order passed by this Court, the lands under reference was ordered for deletion from Prohibitory list under Annexure-IV 22-A(1)(D). In view of the said reason, the learned counsel appearing on behalf of the petitioner submits that no orders are necessary in the Contempt Case.
6. The Contempt Case is, accordingly, closed. No order as to costs.
As a sequel thereto, Miscellaneous petitions pending, if any, in this Contempt Case shall stand closed.
____________________________ JUSTICE K. SREENIVASA REDDY
13.03.2025 anr
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66 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
CONTEMPT CASE NO.6193 OF 2022
13.03.2025
anr