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2025 DAILYLAW 49087 (AP)

D LALITHAMMA v. SRI SANTOSH KUMAR YADAV

CC/1067/2024 · 2025-08-29

Venkateswarlu Nimmagadda

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Judgment text

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APHC010081752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 1051/2024 Between: 1. K KAMALAMMA, W/O. VENKATARAMANA REDDY, AGED ABOUT 47 YEARS, R/O. D.NO.5-106, NARLAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 2. Y. ANUSUYA,, W/O. NARASIMHA REDDY, AGED ABOUT 57 YEARS, R/O. D.NO.2-242-2-2, ABBAIAH NAGAR, MADANAPALLE TOWN AND MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 3. M. SUNANDA, , W/O. NARENDRA KUMAR, AGED ABOUT 38 YEARS, R/O. D.NO.5-193, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 4. K. RAJINI,, W/O. VENUGOPAL REDDY, AGED ABOUT 39 YEARS, R/O. D.NO.5-109, NARLAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 5. G. REDDEMMA,, W/O. TIMMA REDDY, AGED ABOUT 38 YEARS, R/O. D.NO.9-133 JARIYAVANDLAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 6. B. LAKSHMI DEVI, , W/O. NAGABHUSHANA, AGED ABOUT 44 YEARS, R/O. D.NO.5-50, ELAGALAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 7. . S. SUBHADRAMMA, , W/O. THIMMA REDDY, AGED ABOUT 44 YEARS, R/O. D.NO.5-74, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 8. S. UMADEVI, , W/O. REDDEPPA, AGED ABOUT 39 YEARS, R/O. D.NO.5-72A, CHINTHAMAKULAPALLI VILLAGE, 2 KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 9. N. SANTHAMMA,, W/O. RAGHUNATHA REDDY, AGED ABOUT 70 YEARS, R/O. D.NO.5-38, ELAGALAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 10 . S. ANUSUYAMMA,, W/O. SRINIVASULU REDDY, AGED ABOUT 43 YEARS, R/O. D.NO.5-183, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 11 . S. ESWARAMMA,, W/O. RAMAKRISHNA, AGED ABOUT 42 YEARS, R/O. D.NO.6-26, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 12 . S. PADMAVATHI, , W/O. VENKATA REDDY, AGED ABOUT 42 YEARS, R/O. D.NO. 1-79-1, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 13 . . K. ARUNA,, W/O. RAVINDRA REDDY, AGED ABOUT 40 YEARS, R/O. D.NO. 14-82, PULUSUGUNTHALU, THETTU VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 14 . K. SANTHAMMA, , W/O. MADDI REDDY, AGED ABOUT 47 YEARS, R/O. D.NO.5-204, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 15 . K. SILPA,, W/O. SRINIVASULU REDDY, AGED ABOUT 42 YEARS, R/O. D.NO.5-199, CHINTHAMAKULAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 16 . . G. SUHASINI,, W/O. A. RAMESH, AGED ABOUT 40 YEARS, R/O. D.NO.5, ELAGALAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 17 . T. POOMIMA,, D/O. KRISHNA REDDY, AGED ABOUT 41 YEARS, R/O. ELAGALAPALLI VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 18 . C. CHANDRAKALA, , W/O. SUDHAKAR, AGED ABOUT 37 YEARS, R/O. CHOWDESWARI NAGAR, N.G.PALLI, MADANAPALLE TOWN AND MANDAL, CHITTOOR 3 DISTRICT, NOW ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1 . SRI SANTOSH KUMAR YADAV, THE CHAIRMAN, NATIONAL HIGHWAY AUTHORITY OF INDIA, G. 5 AND 6, SECTION-10, DWARAKA, NEW DELHI. 2 . SRI P S GIREESHA, THE THEN DISTRICT COLLECTOR, LAND ACQUISITION OF NATIONAL HIGHWAY AUTHORITY, RAYACHOTY, ANNAMAYYA DISTRICT. 3 . SRI MUTTIMBAKU ABHISHAKTI KISHORE, THE PRESENT DISTRICT COLLECTOR, LAND ACQUISITION OF NATIONAL HIGHWAY AUTHORITY, RAYACHOTY, ANNAMAYYA DISTRICT. 4 . SRI M S MURALI, THE THEN SUB COLLECTOR AND COMPETENT AUTHORITY FOR LAND ACQUISITION, MADANAPALLE, ANNAMAYYA DISTRICT. 5 . SRI C HARI PRASAD, THE PRESENT SUB COLLECTOR AND COMPETENT AUTHORITY FOR LAND ACQUISITION, MADANAPALLE, ANNAMAYYA DISTRICT. 6 . SRI SREEDHAR CHAMAKURI, THE PRESENT DISTRICT COLLECTOR LAND ACQUISITION OF NATIONAL HIGHWAY AUTHORITY RAYACHOTY ANNAMAYYA DISTRICT 7 . SRI MEGHA SWAROOP, THE PRESENT SUB COLLECTOR AND COMPETENT AUTHORITY FOR LAND ACQUISITION MADANAPALLE ANNAMAYYA DISTRICT RR6 AND 7 ARE IMPLEADED AS PER COURT ORDER DATED 21 04 2025 VIDE I A NO 1 OF 2025 IN C C NO 1051 OF 2024 ...CONTEMNOR(S): The court made the following ORDER: 1. This contempt case is filed against the respondents for wilful disobedience of the orders dated 23.12.2023 passed by this Court in W.P.No.33221 of 2023. 2. The learned counsel for the petitioners submits that the order impugned in the contempt petition, dated 23.12.2023, has been assailed by way of Writ Appeal No.172 of 2025, wherein the Division 4 Bench of this Court passed an order dated 14.07.2025, which states as follows: 10. Under the circumstances, we deem it appropriate to dispose of these two writ appeals by directing the revenue divisional officer/sub collector- cum-competent authority, land acquisition, Madanapalle, Annmayya district to verify the patta certificates produced by the private respondents in these writ appeals and take a decision as to whether these patta certificates had been issued by the mandal revenue officer, Kurabalakota or not. The revenue divisional officer/sub-collector shall also consider whether the private respondents have approached the housing board for loans, and take that fact into consideration while deciding whether the patta certificates produced by the private respondents are genuine or not. 11. The revenue divisional officer, after considering all facts and after giving an opportunity of hearing to the private respondents, shall take a decision in this regard. Thereupon, the question of payment of compensation shall be decided. In the event of the RDO holding that the certificates produced by the private respondents are genuine they shall be entitled to compensation in terms of the judgment of the larger bench of this court in land acquisition officer-cum- 5 revenue divisional officer, Domalguda vs. Mekala Pandu and others. 12. As far as the question of possession is concerned, it is the admitted case t hat the road has been laid over the land claimed by the private respondents and as such the question of protection of possession of the private respondents would not arise. 3. In view of the order passed by the Division Bench of this Court in Writ Appeal No.172 of 2025, dated 14.07.2025, the order impugned in the contempt petition stands modified and, therefore, the same cannot be enforced under Sections 10 to 12 of the Contempt of Courts Act, 1971. Accordingly, the contempt petition is closed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 30.08.2025 kkllkk 6 391 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) Contempt Case No.10151 of 2024 30.08.2025 kkllkk