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2025 DAILYLAW 54429 (AP)

Y. Lalitha Kumari v. The State of Andhra Pradesh,(Discharged)

CC/2250/2022 · 2025-04-23

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAYTHE TWENTYFOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 2250 OF 2022 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 punish the Respondents / Contemners for willfully and deliberately disobeying the orders of this Hon’ble High Court passed W.P.No.30386/2015, dated 25.3.2022 in Between: 1. Y. Lalitha Kumari, w/o Late Y. Balasubrahmanyam, aged 66 years, Housewife, R/o 18/2/275/A4, Ashok Nagar, Road No.3, Abbanna Colony, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District. 2. Y. Aditya Kumar, s/o Late Y. Balasubrahmanyam, aged 34 Private employee, R/o 18/2/275/A4, Ashok Nagar, Road No.3, Abbanna Colony, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District. years. ...PETITIONER(S) AND 1. The State of Andhra Pradesh,(Discharged), G. Sai Prasad, Principal Secretary for Revenue Department, Secretariate Buildings, Velagapudi, Guntur District. R 1 is discharged from the contempt case as per court order dated 27/02/24 vide lA No- 1/23 in CC No-2250 of 2022 2. K. Venkata Ramana Reddy,, District Collector, Tirupathi District, Tirupathi. 3. Kanaka Narasa Reddy, , Revenue Divisional Officer, Tirupathi, Tirupathi District 4. Venkata Ramana,, Tahsildar, Tirupathi Urban Mandal, Tirupathi District 5. Sri Mukeesh Kumar Meena IAS, Principal Secretary to Government of Andhra Pradesh Revenue Department Secretariat Amaravathi Guntur District 6. Sri Venkateswarulu, District Collector Tirupati District Tirupathi 7. Sri Ram Mohan, Revenue Divisional Officer Tirupati Tirupati District 8. Smt Bhagya Lakshmi, Tahsildar Tirupati Urban Tirupati District (RR 5 to 8 are impleaded as per Court Order dated 28 03 2025 vide I A No 4 of 2024 in C C No 2250 of 2022) ...CONTEMNORS Counsel for the Petitioner : SRI. RAM BABU DEVAVARAPU Counsel for the Respondents : SRI. T VISHNU TEJA Counsel for the Respondents : SRI. NARASIMHA REDDY G L The Court made the following ORDER : APHC010351392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3332] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI r.ONTFMPT CASE NO: 2250/2022 Between: ...PETITIONER(S) Y. Lalitha Kumari and others AND ...CONTEMNOR(S) The State of Andhra Pradesh Discharged and others Counsel for the Petitioner{S): TRAM BABU DEVAVARAPU Counsel for the Contemnor(S): 1.T VISHNU TEJA 2.. 3.NARASIMHA REDDY. G . L 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 25.03.2022 passed by this Court in Writ Petition No.30836 of 2015. 2. Heard Sri D.Rambabu, learned counsel for the petitioners and Sri Vishnu Teja, learned counsel for respondent Nos.5 to 8. 2 Sri Vishnu Teja, learned counsel for respondent Nos.5 to 8 submitted that this Court by virtue of common order dated 25.03.2022 in Writ Petition 3. Nos.28662 of 2008 and 30836 of 2015 the impugned notice No.FI/10114/2014 dated 09.09.2015 issued by respondent No.2 was set aside and thereby the authorities are directed not to interfere with the possession of the petitioners except under due process of law. He further submitted that no reasons are coming forward as to why Contempt Case has been filed against the respondents, when there is no interference by them. Filing this Contempt Case had not only waste time of the Court, but also caused inconvenience and agony to the respondent authorities. Hence, prayed to dismiss the Contempt against the respondents. On the other hand, learned counsel for the petitioners submitted that by 4. virtue of the common order passed in Writ Petition Nos.28662 of 2008 and 30836 of 2015. In the said circumstances, it necessitated to file the present Contempt Case. Perused the record and considered the submissions made by learned 5. counsel for the parties. The petitioners got filed separate Writ Petitions vide W.P.Nos.28662 of 6. 2008 and 30836 of 2015. The Writ Petition No.30836 of 2015 is filed questioning the issuance of impugned notice therein dated 09.09.2015 issued by the 2"'^ respondent. In so far as Writ Petition No.28662 of 2008 is concerned, the same got filed by the petitioners seeking declaration that the 3 action of the respondents in directing the petitioners herein to vacate and hand over the possession of the land to an extent of Ac.0.38 cents covered by No. 105/10 situated at Akkarampalle village, Tirupathi Revenue Mandal, Chittoor District pending proceedings under Section 11 of Estates Abolition Act, 1948 before the Joint Collector as illegal and arbitrary and consequentially direct the respondents not to interfere with the possession from the said lands. In the present Contempt, there is no allegation that the respondents are interfering with the petitioners’ property pending appeal under Section 11(a) of the Estate Abolition Act, 1948 before the Joint Collector. survey When there is no interference by the respondents, filing Contempt Case does not arise. The reason for filing the present Contempt Case as contended by the petitioners that by virtue of the common order passed in the referred Writ Petitions, the other Writ Petition No.27498 of 2015 was disposed of, in which there is a clear violation of order passed by this Court by the respondents. It is required to mention here about the filing of Writ Petition No.27498 7. of 2015. The said Writ Petition has been filed by the petitioners herein questioning the action of the Tahsildar in damaging the property of the petitioners in respect of the land admeasuring an extent of Ac.0.38 cents in survey No. 105/10 of Akkarampalli village accounts, Tirupati Urban Mandal Chittoor District and consequently sought direction to the Tahsildar not to interfere with the peaceful possession and enjoyment of the said property and further direction to 4‘^ respondent to mutate the petitioners’ name in the revenue records. The said Writ Petition has been disposed of by this Court on 4 25.03.2022 giving liberty to the petitioners to submit application through Mee seva in Form N0.6-A by paying requisite fee, for such mutation. On such application, the Tahsildar is directed to dispose of the same in accordance with law. The Writ Petition No.27498 of 2015 is nothing to do with the common order passed in the referred Writ Petitions. The reason for filing the present Contempt on the ground that by virtue of the common order passed in Writ Petition Nos.28662 of 2008 and 30836 of 2015, the order dated 25.03.2022 i Writ Petition No.27498 of 2015 has passed, in which there is a clear violation of the order, is not proper. Flence, the Contempt Case is liable to be dismissed. in 8. Accordingly, the Contempt Case is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. K. Venkata Ramana Reddy,, District Collector, Tirupathi District, Tirupathi. 2. Kanaka Narasa Reddy, , Revenue Divisional Officer, Tirupathi, Tirupathi District 3. Venkata Ramana,, Tahsildar, Tirupathi Urban Mandal, Tirupathi District 4. Sri Mukeesh Kumar Meena IAS, Principal Secretary to Government of Andhra Pradesh Revenue Department Secretariat Amaravathi Guntur District 5. Sri Venkateswarulu, District Collector Tirupati District Tirupathi 6. Sri Ram Mohan, Revenue Divisional Officer Tirupati Tirupati District 7. Smt Bhagya Lakshmi, Tahsildar Tirupati Urban Tirupati District 8. One CC to Sri. Ram Babu Devavarapu Advocate [OPUC 9. One CC to Sri. T Vishnu Teja Advocate [OPUC] One CC to Sri. Narasimha Reddy G. L . Advocate [OPUC] THREE CD COPIES MKP TAC 10. 11. ■’t HIGH COURT DATED :24/04/2025 ORDER CC.No.2250 of 2022 'i 27 MAY 2025 Current Section . DISMISSING THE CONTEMPT CASE