APHC010682782014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1588/2014 Between: Smt.inaganti Dhanamma, ...PETITIONER AND Sri Srikanth I A S and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. P RAJASEKHAR Counsel for the Contemnor(S): 1. GP FOR REVENUE (AP) The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 2. The above contempt case is filed complaining violation of the interim order dated 21.12.2004 in WPMP No.31220 of 2014, which was merged with the final order dated 25.08.2014 in W.P.No.23814 of 2004. 3. The petitioner filed a writ petition complaining high-handed action of the Mandal Revenue Officer, Vinjamur Mandal, Nellore District, in attempting to demolish the house bearing D.No.13-139, Vinjamur Panchayat & Mandal, Nellore District, without following due process, as illegal and arbitrary. 2 4. An interim order was granted on 21.12.2004 ordering status quo. Thereafter, the writ petition was disposed of on 25.08.2014 based upon the averments in the counter stating that the dwelling house of the petitioner was located in a private patta land and did not come within the purview of any encroachment. While disposing of the writ petition, the Court directed the respondent authorities to follow due process of law. 5. In Para 4 of the contempt affidavit, it was stated that despite the orders passed, the respondents, with the help of JCB and excavators, demolished the structure and the same was reported in print media i.e. Eenadu, Andhra Jyothi and Sakshi Telugu Daily news papers. 6. A counter-affidavit was filed by the 1st respondent. In the counter- affidavit, it was contended, inter alia, that the members belonged to the Mosque, remitted the requisite fee for survey of the land belonging to their Mosque and filed a representation before the Revenue Divisional Officer, Atmakur. The Revenue Divisional Officer, Atmakur, directed the Deputy Inspector of Survey to survey the land and buildings (F-line) by following due process of law. Accordingly, the Deputy Inspector of Survey has proposed to survey the site belonging to the Mosque on 23.08.2014. The petitioner has shown a copy of the order of the High Court dated 21.12.2004. The Deputy Inspector has stopped the survey. Later, it came to the notice of the 2nd respondent that the members of the Mosque demolished some part of the house. The petitioner gave a complaint to the police immediately on 23.08.2014 wherein it was mentioned that Muslim people demolished the structure. 7. A rejoinder was filed by the petitioner. 8. The writ petition filed by the petitioner was disposed of on 25.08.2014 based upon the averments in the counter-affidavit that the dwelling house of the petitioner was located in a private patta land and did not come within the purview of any encroachment, and as such, demolition of the petitioner’s 3 house did not arise. In fact, the Court directed the respondents to follow due process. The petitioner gave a complaint to the police, Vinajamuru about the demolition of the structure and the same was registered as FIR No.113 of 2014 dated 23.08.2014. In the complaint, it was specifically mentioned that on 23.08.2014 at around 12.30 noon, nearly 17 Muslim people gathered and demolished the structure highhandedly. 9. Thus, a perusal of the complaint lodged by the petitioner on the same day would reveal that some private parties demolished the structure of the petitioner, but not the respondents. The complaint itself makes it clear that the structure was demolished by third parties. 10. Thus, in the opinion of this Court, the respondents did not violate the order of the Court in the writ petition. 11. Accordingly, the contempt case is closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.03.2025 KA 4 175 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1588/2014 Date: 04.03.2025 KA