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2025 DAILYLAW 5293 (AP)

BORIGI VENKATA RAO v. SRI B RAJASEKHAR IAS

CC/416/2024 · 2025-03-28

Ninala Jayasurya, Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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APHC010043632024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE DR CONTEMPT CASE N Between: Borigi Venkata Rao Sri B.Rajasekhar, IAS & Others Counsel for the Petitioner: 1. Mr.SIMHACHALAM KARUKOLA Counsel for the Contemnor(S): 1. Mr.P.SUBASH 2. Mr.KIRAN KUMAR VADLAMUDI 3. Mr.N SRIHARI 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA CONTEMPT CASE No: 416 of 2024 ...PETITIONER AND Others ...CONTEMNOR(S) Counsel for the Petitioner: SIMHACHALAM KARUKOLA Counsel for the Contemnor(S): KIRAN KUMAR VADLAMUDI IN THE HIGH COURT OF ANDHRA PRADESH [3523] THE HONOURABLE SRI JUSTICE NINALA JAYASURYA VENKATA JYOTHIRMAI PRATAPA ...PETITIONER ...CONTEMNOR(S) 2 The Court made the following Order: (Per Hon’ble Sri Justice Ninala Jayasurya) Heard learned counsel for the petitioner. Also heard learned counsel for the respondent No.11 as also Mr.N.Srihari, learned counsel representing the respondent No.10. 2. The Contempt Case is filed alleging non-compliance of the order dated 04.05.2023 passed in W.P.(PIL).No.61 of 2023, wherein following the orders in W.P.(PIL).No.140 of 2022 & batch, directions were issued to the respondent-authorities to undertake and complete the exercise of identification of unauthorized occupations / encroachments over the subject land and any other land belonging to the Tekkali Major Grama Panchayat, within a period of two months from the date of the said order, and thereafter, take steps for removal of such encroachments by following the relevant Rules and the principles of natural justice i.e., by issuing notice and providing opportunity of hearing to the unauthorized occupants / encroachers, within a further period of four months. 3. Drawing the attention of this Court, the learned counsel representing the 11th respondent inter alia submits that pursuant to the directions referred to supra, the Panchayat Secretary issued notice under the A.P.Land Encroachment Act in respect of some of the properties and the 11th respondent – Tahsildar issued notices in respect of some of the properties. He submits that challenging the said action, some of the parties have approached this Court by filing W.P.No.5474 of 2024 and the same was disposed of by an 3 order dated 01.03.2024, giving liberty to the 6th respondent-Gram Panchayat therein to pass appropriate orders by considering the explanation submitted by the writ petitioners within the time stipulated therein. 4. The learned counsel for the petitioner herein fairly states that in respect of some of the properties, the authorities concerned have already initiated action. 5. In view of the submissions made and the material placed on record, we are of the view that the authorities have already initiated action and there is no willful violation of the orders passed by this Court. 6. Accordingly, the Contempt Case is closed. It is needless to observe that if still some encroachments are remaining, the petitioner may make appropriate representation to the concerned authorities and on receipt of the same, they are bound to take action, in accordance with the directions issued in W.P.(PIL).No.140 of 2022 & batch. No order as to costs. Consequently, the Miscellaneous Applications pending, if any, shall also stand dismissed. ____________________ NINALA JAYASURYA, J __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J BLV Dt.28.03.2025 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA C.C.No: 416 of 2024 Date: 28.03.2025 BLV