APHC010318192024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 3221/2024 Between: 1. A.B. VIJAYA SARADHI, S/O. SATYANARAYANA, AGE 48 YEARS,R/O KALA NAGAR, KOTHAPET, DR. B.R. AMBEDKAR KONASEEMA DISTRICT 1. V V RAMAN, Panchayath Secretary Kothapet Gram Panchayath, Dr. B.R. Ambedkar Konaseema District 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 punish the Respondents herein under Sections 10 to 12 of the Contempt of Courts Act for willful, deliberate and intentional violation in pursuance of the undertaking against encroachments passed by order dated 20-10-2023 in W.P.No.26203 of 2023 on the file of this Honourable Court and pass Counsel for the Petitioner: 1. THOTA RAMAKOTESWARA RAO Counsel for the Contemnor: 1. Y KOTESWARA RAO IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 3221/2024 A.B. VIJAYA SARADHI, S/O. SATYANARAYANA, AGE 48 YEARS,R/O KALA NAGAR, KOTHAPET, DR. B.R. AMBEDKAR KONASEEMA ...PETITIONER AND V V RAMAN, Panchayath Secretary Kothapet Gram Panchayath, Dr. B.R. Ambedkar Konaseema District ...CONTEMNOR 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 punish the Respondents herein under Sections 10 Contempt of Courts Act for willful, deliberate and intentional violation in pursuance of the undertaking against encroachments passed by 2023 in W.P.No.26203 of 2023 on the file of this Honourable Court and pass itioner: THOTA RAMAKOTESWARA RAO Counsel for the Contemnor: Y KOTESWARA RAO IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI A.B. VIJAYA SARADHI, S/O. SATYANARAYANA, AGE 48 YEARS,R/O KALA NAGAR, KOTHAPET, DR. B.R. AMBEDKAR KONASEEMA ...PETITIONER V V RAMAN, Panchayath Secretary Kothapet Gram Panchayath, Dr. ...CONTEMNOR 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 punish the Respondents herein under Sections 10 Contempt of Courts Act for willful, deliberate and intentional violation in pursuance of the undertaking against encroachments passed by 2023 in W.P.No.26203 of 2023 on the file of this 2 The Court made the following order: This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondent for willful disobedience of the order dated 20.10.2023 passed by this Court in Writ Petition No.26203 of 2023. 2. Heard Sri T.Rama Koteswararao, learned counsel for the petitioner and Sri Y.Koteswara rao, learned counsel for the respondent. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that as against the encroachment made by an individual/encroacher in Kaushik drain of government property situated at Kothapet, Dr.B.R Ambedkar Konaseema District and in not evicting the same by the respondent authorities in pursuance of representation dated 16.07.2023, Writ Petition No.26203 of 2023 was filed. During consideration of the matter, it was brought to the notice of this Court by learned standing counsel that the authorities had issued a proper show cause notice and passed orders regarding the encroachments and the encroacher questioned the said order by way of filing Writ Petition No.27268 of 2023. Recording the said submission of learned standing counsel, Writ Petition No.26203 of 2023 has been closed. He further submitted that this Court observed in its order dated 20.10.2023 that encroacher had filed Writ Petition No.27268 of 2023 and that Writ Petition No.26203 of 2023 had been closed. He further contended that it is the duty of the Panchayat Secretary to remove the encroachments as per the orders passed by this Court. Failure to remove the 3 encroachments amounts to disobedience of the orders of this Court. Hence, the respondent is liable to be punished under Section 12 of the Contempt of Courts Act. 4. On the other hand, Sri Y.Koteswararao, learned counsel for the respondent, submitted that pursuant to the orders passed by the Gram Panchayat against the encroachments, the same was questioned by the encroacher vide W.P.No.27268 of 2023. The encroacher subsequently withdrew the Writ Petition with a liberty to file a fresh Writ Petition. He further submitted that the encroachment made by the encroacher had been removed by the Deputy Executive Engineer, Drainage Department, Razole. He further submitted that upon ground verification, it was observed that another person by name Siddamsetti Rama Krishna has established a new shop in the portion of the encroachment that was earlier removed. He further submitted that any encroachment made subsequently by another individual must be dealt with independently and cannot be considered in the present contempt proceedings. Hence, there is no willful disobedience as alleged by the petitioner and prayed to dismiss the Contempt Case. 5. Perused the record and considered the submissions made by both the learned counsel. 6. As culled out from the submissions made by both the learned counsel, the subject encroachments alleged in the subject Writ Petition had already been removed and subsequently certain encroachments were made by 4 another individual. As rightly contended by learned counsel for the respondent, such subsequent encroachments constitute an independent cause of action, which cannot be adjudicated or examined in the present contempt proceedings, as they are beyond the scope of this case. Hence, there remains nothing for adjudication and the Contempt Case is liable to be closed. 7. Accordingly, the Contempt Case is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 05.12.2025 MP 5 330 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO:3221 of 2024 Date: 05.12.2025 MP