IN THE HIGH COURT OF THURSDAY. THE THIRD TWO thousand AND ANDHRA PRADESH AT AA/IARAVATI DAY OF APRIL twenty five present ‘f "J '4^ the honourable SRI JlJUSTICE RAVI CHEEMALAPA^ 1M2±OF2024 ^^^^OIMPICASENO; Petition under Sections praying that in the ci Court may be pleased Contempt of Courts ■>0 to 12 of circumstances stated i Contempt of Courts "" ^f^'davit file herein un,sM,e Respondent herein under sec. AC, ,971 an, Art. 215 of me Constilution Act 1971 the High 12 of the of India for dated 08- willfully and deliberately 01-2024 made i violating the orders in W.P. No. 447 of 2024. of this Hon'ble Court Between; Reddi Ramachand Vasantha Naidu, States of America Appala Swamy, Aged Valasa Village, Bobbin ra Rao @ Reddi Aged about 61 Venkata Ramachandra years, Occ Self Employed, Rep. by GPA holder Sabbana about 67 Mandal;Viaanagaram Rao, s/o R/o United Jagannadham, S/o Late years, Occ.Agriculture R/o Narayanappa District. ...PETITIONER and The District Collector, T B R Ambadhkar, Vizianagaram. 2. Sai Sri, The Revenue 3- Trinadha Naidu District Vizianagaram District Divisional Officer. The Tahsildar, Bobbili Growth Center, Bobbili Bobbin Mandal, Vizianagaram 4. Gown Sankara Rao Village Revenue Officer Grama Sachvalayam Gorla Seefhram Post vizianagaram District ’ Kasidoravalasa Village Bobbin. Bobbin Mandal, ...RESPONDENTS Counsel for the Petitioner: SR, A BHASKARA CHARY Counsel for the Respondents: SRI K M KRISHNA REDDY (RR The Court made the following ORDER: -1.2&4) 1 gAPHC010293842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] H THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 3024/2024 Between: Reddi Ramachandra Rao @ Reddi Venkata Ramachandra Rao ...PETITIONER AND B R Ambadhkar and others ...CONTEMNOR(S) Counsel for the Petitioner: 1.ABHASKARA CHARY Counsel for the Contemnor(S): 1.KM KRISHNA REDDY The Court made the following order: This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 08.01.2024 passed by this Court in Writ Petition No.447 of 2024. 2. Heard Sri A.Bhaskara Chary, learned counsel for the petitioner and Sri K.M.Krishna Reddy, learned counsel for respondents/contemnor s. Learned counsel for the petitioner, in elaboration to what has been 3. stated in the affidavit, contended that as the respondent authorities have not 2 taken steps for issuance of pattadar pass book and title deed, the petitioner filed Writ Petition No.447 of 2024 and this Court disposed of the said Writ Petition giving liberty to the petitioner to make 6-A application through online and submit all the documents required and on such application, the authorities concerned was directed to dispose of the same in accordance with law. He further submitted that pursuant to the said order, the petitioner approached the Village Secretariat along with the order of this Court and other documents enclosed to 6-A application, but the revenue authorities did not accept the said application stating that there is no option online to input data of 6-A application. Therefore, the petitioner made a representation dated 01.04.2024 to respondent No.3-Tahsildar enclosing all the documents, but so far no action has been taken by the Tahsildar. He further submitted that the petitioner got issued legal notice dated 20.05.2024 to the respondents and in spite of receipt of the said notice, the respondent authorities have not implemented the orders of this Court, which shows the willful disobedience on the part of the respondents. As such, prayed to punish the respondents under Sections 10 to 12 of the Contempt of Courts Act, 1971. On the other hand, Sri K.M.Krishna Reddy, learned counsel for the 4. respondents while reiterating the contents of the counter affidavits of respondent Nos.1 to 4 submitted that pursuant to the representation made by the petitioner, the Tahsildar, Bobbili has informed the petitioner vide Rc.No.225/2024 dated 18.07.2024 to submit the mutation application along with Family Member Certificate of the deceased father of the applicant in order 3 to upload 6-A application in online, but the Writ Petitioner could not submit the mutation application in Form 6-A through online till today. As such, the petitioner’s representation could not be considered. Hence, prayed to dismiss the Contempt Case against the respondents. In reply, learned counsel for the petitioner while reiterating the contents of the rejoinder affidavit of the petitioner contended that the petitioner and his father were in joint family and they got several ancestral properties from the grandfather of the petitioner. The subject land was recorded in Fair Adangal in the name of the petitioner, later the same was not uploaded in the revenue records and the same was not updated in title deed and pass book. The petitioner need not make any application for mutation and need not submit Family Member Certificate. He further contended that if the petitioner makes application for mutation, then only Family Member Certificate is necessary, but in the present case, the petitioner made application for issuance of Title deed-cum-Pattadar Pass Book and no provision of Section 6A of the Act speaks about submission of Family Member Certificate for issuance of Title deed-cum-pattadar pass book. 5. an Perused the record and considered the submissions made by both the 6. learned counsel. This Court, while disposing of the Writ Petition No.447 of 2024 passed the following order dated 08.01.2024: 7. Taking the submissions of both the learned counsel into the authorities are willing to consider the consideration, as 4 petitioner’s application if made as per the rules, there is no purpose in keeping this Writ Petition pending by inviting counter. As such, this Court, without going into the merits of the case, is inclined to dispose of the Writ petition with the following direction; i) The petitioner is at liberty to make a 6-A application through online and submit all the documents required. On such application, the authority concerned is directed to consider and dispose of the same in accordance with law, within a stipulated period as per the rules in vogue and communicate the same to the petitioner.” ii) 8. It is the contention of the petitioner that as per the directions of this Court, the petitioner tried to make an application through mee-seva, but the same was not accepted, as such, a manual representation was made for issuance of Title deed-cum-Pattadar Pass Book. 9. Perusal of the reply affidavits of respondents would indicate that an endorsement, dated 18.07.2024 has been issued to the petitioner duly asking to submit Family Member Certificate, but the same was not submitted by the petitioner, as such, the petitioner’s application was not considered. The contention of the petitioner is that the Family Member Certificate is not at all required for consideration of 6-A application for issuance of title deed-cum- Pattadar Pass Book. This Court need not adjudicate under Contempt of Courts Act whether the endorsement issued by the respondents is in accordance with law or not and whether the Family Member Certificate is required for consideration of 6-A application or not, as the same are beyond / 5 % the scope of the Contempt of Courts Act. summary in nature and the contempt proceeding is not a tool for resolving factual disputes or determining the rights of parties. This Court, under Contempt of Courts Act, shall only adjudicate upon the fact whether there is a willful disobedience of any judgment/order passed by the Court or not. The contempt jurisdiction is Perusal of the record would indicate that the Tahsildar has issued endorsement dated 18.07.2024 informing the petitioner to submit mutation application along with Family Member Certificate of the deceased father of the Writ Petitioner to upload 6-A application in online. If at all the petitioner has 10. any grievance, he can as well question the said endorsement before This Court does not find any appropriate forum in accordance with law. disobedience of the order as alleged by the petitioner. Hence, this Court is not inclined to initiate contempt proceedings against the respondents. Accordingly, the Contempt Case is dismissed. However, the petitioner is at liberty to question the endorsement vide Rc.No.225/2024 dated 18.07.2024 before the appropriate forum in accordance with law, if so advised. 11. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, District Collector, Vizianagaram District 1. Sri B R Ambadhkar, The Vizianagaram. 2. M/s. Sai Sri, The Revenue Divisional Officer, Growth Center, Bobbin Bobbin, Bobbin Mandal, 3. Sri Trinadha Naidu, The Tahsildar Vizianagaram District 4. Sri Gowri Sankara Rao, Village Revenue Officer, Kasidoravalasa Village Grama Sachvalayam Gorla Seethram Post, Bobbin, Bobbili Mandal, Vizianagaram District 5. One CC to SRI A BHASKARA CHARY Advocate [OPUC] 6. One CC to SRI K M KRISHNA REDDY Advocate [OPUC] 7. Three CD Copies gsg HIGH COURT DATED: 03/04/2025 ORDER CC.No.3024 of 2024 DISMISSING THE CONTEMPT CASE