YADDANAPUDI JAYA PRAKASH NARAYANA v. SRI MUKESH KUMAR MEENA IAS
CC/1889/2025 · 2025-12-23
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44747 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44747 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010368932025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 1889/2025 Between:
1. YADDANAPUDI JAYA PRAKASH NARAYANA, S/O PEDDA GURAVAIAH AGED 43 YEARS OCC AGRICULTURE R/O SC COLONY RAYAVARAM VILLAGE
MARKAPURAM MANDAL PRAKASAM DISTRICT
...PETITIONER AND
1. SRI MUKESH KUMAR MEENA IAS, PRINCIPAL SECRETARY REVENUE DEPARTMENT VELAGAPUDI, AMARAVATI
2. SMT A THAMEEM ANSARIYA IAS, DISTRICT COLLECTOR,ONGOLE
3. SRI B S V TRIVINAG, SUB COLLECTOR, MARKAPUR
4. SRI KONDA REDDY CHIRANJEEVI, TAHSILDAR MARKAPUR MANDAL PRAKASAM DISTRICT
5. SRI SANDEEP MATHU, SOUTH CENTRAL RAILWAY GENERAL MANAGER,SECUNDERABAD
6. MR SUDESHAN SEN, DIVISIONAL RAILWAY MANAGER GUNTUR DIVISION, GUNTUR
7. SRI SUBBA RAO, SENIOR SECTION ENGINEER (I O W), GUNTUR DIVISION, GUNTUR
...CONTEMNOR(S):
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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 pleased to hold the contemnors guilty of the contempt of the orders of the Hon'ble Court under sections 10 to 12 of the Contempt of Courts Act and punish the contemnors No. 1 for gross violation of the orders of the Hon'ble Court dated 13.02.2025 in W.P.No. 3858 of 2025 and pass 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 IA NO: 2 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 may be pleased to discharge the name of the 1®„ Respondent in the Court above Contempt Case and pass Counsel for the Petitioner:
1. SURYA TEJA ANUMOLU Counsel for the Contemnor(S):
1. SUSHMA YAGANTI
2. KAMINI VENKATESWARLU (CENTRAL GOVT COUNSEL) The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 1889/2025
ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 13.02.2025 passed by this Court in W.P.No.3858 of 2025. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3.
Learned counsel for the petitioner submits that this Hon‟ble Court passed an interim order directing all the parties concerned to maintain status-quo in respect of the property as claimed by the petitioner that admeasuring an extent of Ac.1.36 cents in Sy.No.47 situated at Rayavaram Village, Markapuram Mandal, Prakasam District. He further alleged that even though this Court specifically directed the respondents to maintain status-quo in respect of the subject property, the respondents-railway authorities encroached some of the land of the petitioner and proceeding with the construction out of the subject properties, by which violated the orders of this Court dated 13.02.2025. Hence, the contempt case. 4. On the other hand, learned counsel for the respondents submits that respondent Nos.5 to 7 filed counter-affidavit, wherein it is stated as follows:
“That, respondents 5 to 7 are not attempting to evict the petitioner from survey No.47, in as much as no construction has been initiated therein. It is further submitted that the railway administration, at present, has neither any proposal nor any plan to undertake
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construction activity in the said survey No.47. Any allegation to the contrary is specifically denied as false, frivolous, and baseless. The respondents further submit that they are scrupulously adhering to the interim orders of this Hon’ble Court dated 13.02.2025 in W.P.No.3858 of 2025.”
5. Learned counsel for the respondents further submits that even as per the survey report submitted by the concerned Tahsildar to respondent No.6 herein, an extent of Ac.1.36 cents in survey No.47 is noted as under: Sy.No. Total Extent (Ac.) Extent (Ac.) Status on ground 47 1.36 0.18 No cultivation. Vacant on ground. 0.80 Covered with old government sheds located within premises of O/o.Special Deputy Collector, PSVP, R&R, Markapur. 0.38 Utilizing the railway authorities of Markapur Road Railway Station by dumping rock material. On 28.10.2025, the railway authorities have shifted the material from this land to their land. 6.
Learned counsel for the respondents further submits that pursuant to the interim order of this Court, the construction material which was laid at subject place for short period for construction of the platform was shifted to their land. He further asserts that he also filed a map showing that the respondents are proceeding with the construction in respect of their land which is situated in survey No.74 and they neither encroached the land of the petitioner nor made any construction in respect of any piece of land in survey No.47. 7. Heard both the counsel and perused the material placed on record. It is appropriate to determine the issue to look at the interim order dated 13.02.2025 passed by this Court is as under:
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“In the meanwhile, there shall be an interim direction directing all the parties concerned to maintain status-quo obtaining as on today in respect of the subject property.”
8. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that the order passed by this Court is only directing both the parties to maintain status-quo in respect of the property in survey No.47. On perusal of the survey report, it appears that the respondent authorities neither encroached the property of the petitioner after the orders of this Court nor dispossessed the petitioner from his subject land. It is an admitted contention of the learned counsel for the petitioner that the petitioner is in possession and enjoyment of the subject property till date. The order of this Court is only a status-quo shall be maintained by both the parties. Therefore, in the absence of any allegation of dispossession of the petitioner from his land, the said order of this Court was neither termed as violated nor disobeyed by the respondents. 9. In view of the reasons stated above, this Court inclined to hold that there is no fault or violation of the order of this Court on the part of the respondents.
In the absence of the same, it cannot be found fault with the respondents as alleged by the petitioner. Hence, it is concluded that no contempt case is made out. Accordingly, the contempt case is closed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.12.2025 TTPPSS
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162 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(closed)
CONTEMPT CASE NO: 1889/2025
24.12.2025 TTPPSS