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2025 DAILYLAW 41328 (AP)

M CHAKRAPANI v. SRI S SHANMOHAN IAS

CC/47/2024 · 2025-12-01

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010000252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 47/2024 Between: 1. M CHAKRAPANI, S/O. SUBBARAMAIAH, AGED 61 YEARS, R/O. GUNDUGALLU VILLAGE, GANGAVARAM MANDAL, CHITTOOR DISTRIC ...PETITIONER AND 1. SRI S SHANMOHAN IAS, DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT 2. SRI MANOJ REDDY, REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 3. E AMARNATH, TAHSILDAR, GANGAVARAM MANDAL, CHITTOOR DISTRICT. 4. SRI PRAVEEN KUMAR, VICE-CHAIRMAN AND MANAGING DIRECTOR OF APIIC LTD. MANGALAGIRI, GUNTUR DISTRICT. 5. SRI MADHAVA RAJU, TAHSILDAR, GANGAVARAM MANDAL,CHITTOOR DISTRICT. R 5 IMPLEADED AS PER COURT ORDER DATED 17.10.2025,VIDE IA NO-1/2025 IN CC NO-47 OF 2024. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to may be pleased to punish the respondents herein under 2 Sections 10 to 12 of the Contempt of Courts Act, 1971 for willful, wanton, and deliberate violation of the Order of this Honble Court dated 03.07.2023 made in WP No.38949 of 2016 and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to implead the proposed Respondent No.5 as party Respondent No.5 in C.C.No.47 of 2024 and the miscellaneous applications/petitions therein and pass Counsel for the Petitioner: 1. V VINOD K REDDY Counsel for the Contemnor(S): 1. PAPUDIPPU SASHIDAR REDDY 2. J UGRANARASIMHA (SC FOR APIIC) 3. T S RAYALU The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO:47 OF 2024 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 03.07.2023 passed by this Court in W.P.No.38949 of 2016. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that even though this Court specifically directed the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Act 30 of 2013), the respondents are interfering with the peaceful possession and enjoyment of the subject property of the petitioner. The said action of the respondents is in violation/ deviation of the orders of this Court dated 03.07.2023. He further submits that such deviation/ disobedience on part of the respondents is punishable under Sections 10 and 12 of the Contempt of Courts Act, 1971. Hence, the present contempt case. 4. For better understanding, the order dated 03.07.2023 passed in W.P.No.38949 of 2016 is extracted hereunder: “Accordingly, these writ petitions are allowed, directing the respondents not to interfere with the possession and 4 enjoyment of the subject property of the petitioners without following due procedure as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Act 30 of 2013) strictly and to pass an award for compensation to these petitioners. Any amount of deviation would attract serious consequences. There shall be no order as to costs.” 5. On the other hand, learned counsel for the respondents filed counter affidavit on behalf of respondent Nos. 3 and 4, wherein, it is categorically submitted that the respondents are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner and so far they did not invoke the provisions of the Act 30 of 2013. He further submits that if at all the subject property has to be acquired, the respondents are promising to follow due procedure as contemplated under Act 30 of 2013 and further admitted that as on today, the petitioner is in peaceful possession and enjoyment of the subject property. 6. Considering the submissions made by the learned counsel for the petitioner and learned counsel for the respondents and on perusal of the material placed on record and in view of the clear and categorical submissions made by the respondents in their counter affidavit, it is observed that there is no willful disobedience on part of the respondents in implementing the orders of this Court as alleged by the petitioner. It is further observed that pursuant to the orders of this Court dated 03.07.2023 as extracted above, the respondents are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner and if necessary they would invoke provisions of the Act 30 of 5 2013 as admitted in their counter affidavit. However, the statement made in the counter affidavit appears to be contrary to the adangal filed along with counter, wherein, it is stated that the subject land is classified as government land. Therefore, the respondents shall take appropriate measures to correct the revenue records considering the revenue entries after having record of the petitioner and the record of the tahsildar, subject to submission of application by the petitioner for such correction of entries. 7. In view of the clear and categorical submissions made by the learned counsel for the respondents, this Court is inclined to hold that the orders dated 03.07.2023 passed by this Court in W.P.No.38949 of 2016 are neither violated nor deviated. 8. Accordingly, the contempt case is closed. However, the petitioner herein is at liberty to make appropriate application with regard to entries in the revenue records, if necessary. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 02.12.2025 BSP 6 85 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) Contempt Case No.47 of 2024 02.12.2025 BSP