CHITTIBOYANA PEDDA SUBBAIAH v. SRI S SHAN MOHAN IAS
CC/6891/2023 · 2025-11-23
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54917 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54917 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010653592023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 6891/2023 Between:
1. CHITTIBOYANA PEDDA SUBBAIAH, , S/O. RAMAIAH, AGED ABOUT 52 YEARS, OC AGRICULTURE, R/O. D.NO.3/130, KAMALAKURU VILLAGE, KAMALAKURU POST, ATLOOR MANDAL, YSR KADAPA DISTRICT. 2. GADDAM GANGAIAH,, S/O. PEDDA GANGAIAH, AGED ABOUT 38 YEARS, OCC AGRICULTURE, R/O. D.NO.497, KAMALAKURU VILLAGE, KAMALAKURU POST, ATLOOR MANDAL, YSR KADAPA DISTRICT. 3. ORUGANTI VEERA BRAHMAIAH,, S/O. SESHAIAH, AGED ABOUT 47 YEARS, OC AGRICULTURE, R/O. D.NO.497, KAMALAKURU VILLAGE, KAMALAKURU POST, ATLOOR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND
1. SRI S SHAN MOHAN IAS, DIRECTOR, GV/W AND VS/WD DEPARTMENT, JAWAHAR AUTO NAGAR, VIJAYAWADA, KRISHNA DISTRICT
2. SRI M SUDHAKAR REDDY, CHIEF EXECUTIVE OFFICER,ZILLA PARISHAD,YSR KADAPA DISTRICT
3. SRI V VIJAYA RAMA RAJU, DISTRICT COLLECTOR,YSR KADAPA DISTRICT. RR 2 AND 3 IMPLEADED AS PER COURT ORDER DATED ON 25.06.24 VIDE IA NO-1 OF 2024 IN CC NO-6891 OF 2023
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...CONTEMNOR(S): 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 may be pleased to punish the Respondent for willful disobedience and implementation of the orders dated 14/10/2022, passed by the Honble Court in W.P. No.17513 of 2021, and pass such IA NO: 1 OF 2024 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 pleased to implead Sri.
M Sudhakar Reddy,CEO of YSR Kadapa ZillaParishad, as Respondent No. 2 and Sri V Vijaya Rama Raju, District Collector, YSR Kadapa District, as Respondent No. 3 in the main Contempt Case, and pass IA NO: 2 OF 2024 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 3rd Respondent from the array of respondents in the C.C No.6891 of 2023 and pass IA NO: 3 OF 2024 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 pleased to discharge 2nd Respondent from the array of respondents in the C.C No.6891 of 2023 and pass Counsel for the Petitioner(S):
1. P S P SURESH KUMAR Counsel for the Contemnor(S):
1. AMARLAPUDI SUNIL
2. G RAJA BABU The Court made the following:
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO:6891 OF 2023
ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 1 4.10.2022 passed by this Court in W.P.No.17513 of 2021.
2. Heard learned counsel for the petitioner(s) and learned counsel for the respondents.
3.
Learned counsel for the petitioners herein is that this Hon’ble Court after hearing the matter at length, passed an order dated 14.10.2022 in W.P.No.17513 of 2021, which is extracted hereunder:
“In view of the above and in the facts and circumstances of the case, this Court deems it appropriate to dispose of the writ petition with a direction to the 2nd respondent to consider the requests/ representations of the petitioners and the villagers of Kamalakuru Village for establishment of a Villager Secretariat at Kamalakuru Village basing upon the availability of funds, since said village is entitled to have a village secretariat on its own by virtue of population as per G.O.Ms.No.110 dated 19.07.2019. While considering the requests/ representations of the petitioners, the 2nd respondent shall provide an opportunity of hearing to the petitioners and the villagers of kamalakuru and pass speaking orders within a period of three months from the date of receipt of a copy of this order. 4. The allegation of the petitioners herein is that even though this Court specifically directed the 2nd respondent to consider the representation of the
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petitioners with reference to the terms of G.O.Ms.No.110, dated 19.07.2019 i.e., particularly with reference to the population of the subject village, the proposed shifting of village secretariat from Kamalakuru to Manyamvaripalli of Atloor Mandal, YSR Kadapa District is contrary to the orders of this Court and also contrary to the terms of the G.O.Ms.No.110 dated 19.07.2019. Moreso, the 2nd respondent also issued a speaking order dated 07.11.2023 to that effect, which is in violation of the orders of this Court. Therefore, the 2nd respondent herein is liable for punishment under Section 10 to 12 of the Contempt of Courts Act,
1971. 5. On the other hand, learned counsel for respondent No.1 furnished proceedings dated 22.12.2023 issued by the 2nd respondent in the present contempt proceedings, wherein, it is categorically stated that the proposal and shifting of the village secretariat from Kamalakuru to Manyamvaripalli of Atloor Mandal were cancelled. In view of such cancellation, the claim of the petitioner that proposed village secretariat cannot be shifted from Kamalakuru to Manyamvaripalli of Atloor Mandal was addressed by the respondents. Therefore, there is no cause of action on part of the respondents to allege that there is deviation to the orders of this Court.
As such, the present contempt case is liable to be closed against the respondent No.2 and against the other respondents in the present contempt petition. 6.
Learned counsel for the respondents further submits that the petitioners herein also filed another writ petition vide W.P.No.30592 of 2023 questioning the speaking order dated 07.11.2023 passed by the 2nd respondent in the contempt
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petition. But, the said writ petition was dismissed as withdrawn. Even in the lieu of withdrawal of the said writ petition and in view of the cancellation of proposed shifting of village secretariat from Kamalakuru to Manyamvaripalli of Atloor Mandal, there is no cause of action to make out contempt case against the respondents.
7. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, in view of the written proceedings dated 22.12.2023 under which the proposed action of the respondents in shifting the village secretariat from Kamalakuru to Manyamvaripalli of Atloor Mandal was cancelled, there is no cause of action to make out contempt case against the respondents. Since the claim of the petitioner was redressed by the respondents, no further orders are necessary.
8. Accordingly, the contempt case is closed. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.11.2025 BSP
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(closed)
Contempt Case No.6891 of 2023
24.11.2025 BSP