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2025 DAILYLAW 7644 (AP)

Kada Sathyavathi, v. Sri M.N Harendhira Prasad,

CC/449/2025 · 2025-07-31

V Sujatha

body2025

Judgment text

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APHC010078662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 449 OF 2025 Contempt case U/s.10 to 12 of Contempt of Courts Act 1971 to punish the Respondents herein for willfully violating and disobeying the Orders of the High Court dated 05.01.2023 in W.P.No.30704 of 2015. Between: Kada Sathyavathi, W/o late Sadhu Rao, Aged about 57 years, R/o. Plot No. 146/A, (B-Block) Lemarthy Agraharam, Agnampudi, R.R.Colony (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District. ...Petitioner AND 1. Sri M.N. Harendhira Prasad, The District Collector, Visakhapatnam, Visakhapatnam District. Smt. P. Sreelekha, The Revenue Divisional Officer, Visakhapatnam District. Smt. Thote Sri Valli, The Tahsildar, Gajuwaka Mandal, Visakhapatnam District. Smt. S.D. Anitha, The Special Grade Deputy Collector, R and RA.P.I.J.C., Atchuthapuram, Visakhapatnam District. 2. 3. 4. ...Respondents 1 Counsel for the Petitioner: SRI T NAGARJUNA REDDY Counsel for the Respondents: SRI T S RAYALU The Court made the following: 1 APHC010078662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 449/2025 Between: Kada Sathyavathi ...PETITIONER AND Sri M N Harendhira Prasad and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1.TNAGARJUNA REDDY Counsel for the Contemnor(S): 1.TS RAYALU The Court made the following: 2 ORDER: This Contempt Case is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971 by the petitioner challenging non-compliance of the orders passed by this Court on 05.01.2023 in W.P.No.30704 of 2015, wherein this Court has passed the following order: In view of the above facts and circumstances, these writ petitions are allowed and the proceedings Rc.No.508/2014/SA, Issued by the Tahsildar, Gajuwaka are hereby set aside. However, the respondents are directed not to interfere with the possession and enjoyment of the petitioners over the plot bearing No. 146/C (C-Block), Plot No.191 (A-Block), Plot No. Plot No.267 (C-Block), Plot No. 146/A (B-Block) and Plots bearing Nos.299 (A-Block), Plot No. 320 (B-Block), Plot No. 388 (B-Block) Plot No. 244 (B-Block), Plot No.299 (B-Block), Plot No.387 (B-Block), Plot No.322 (B- Block) Plot No. 95 (A-Block), Plot No.321 (B-Block), Plot No.287 (B-Block) Plot No.119 (B-Block) Plot No.277/A (C- Block) and Plot No. 51 (B-Block) belonging to the petitioners in Jawaharlal Nehru Pharmacity layout, situated in Survey Nos. 212, 219, 222, 228 and 231 of Aganampudi Village of Gajuwaka Mandal, Visakhapatnam District, without following due process of law. There shall be no order as to costs. ’’ Respondent No.4 herein has filed a counter duly stating that in pursuance of the orders passed by this Court, the respondents have never interfered with the petitioner’s possession over the subject land and have issued notices on 01.05.2025 to all the 50 individuals including the present contempt petitioner whose house sites were cancelled in B-Layout of 2. 3 Aganampudi Village covered under the cancellation orders Gajuwaka, vide, Rc.No.508/2015/SA/dated of the Tahsildar, -04-2025 instructing them to appear before the 4*^ respondent with all the requisite documents in support of their claim on the said house site pattas. The present notices were acknowledged by the individuals on 29.06.2025. 3. As the respondents have not interfered with the possession and enjoyment of the petitioner’s over the plot bearing No. 146/C (C-Block), Plot No.191 (A-Block), Plot No. Plot No.267 (C-Block), Plot No.146/A (B-Block) and Plots bearing Nos.299 (A-Block), Plot No.320 (B-Block), Plot No.388 (B-Block) Plot No.244 (B-Block). Plot No.299 (B-Block), Plot No.387 (B-Block), Plot No.322 (B-Block) Plot No.95 (A-Block), Plot No.321 (B-Block). Plot No.287 (B- Block) Plot No. 119 (B-Block> Plot No.277/A (C- Block) and Plot No.51 (B- Block) belonging to the petitioners in Jawaharlal Nehru Pharmacity layout, situated in Survey Nos.212. 219, 222. 228 and 231 of Aganampudi Village of Gajuwaka Mandal, Visakhapatnam District and as already issued notices on 01.05.2025 requesting all the individuals/petitioner herein to appear before the 4 respondent on 29.06.2025 along with requisite documents in support of their claim and as the respondents have followed the due process of law, this Court is of the opinion that no contempt lies. The petitioner is at liberty to appear before the respondents in pursuance of the notices and furnish the requisite documents. 4 Accordingly, this Contempt Case is closed. There shall be no order as 4. to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Sri M.N. Harendhira Prasad, The District Collector, Visakhapatnam District. 2. Smt. P. Sreelekha, The Revenue Divisional Officer, District. 3. Smt. Thote Sri Valli, The Tahsildar, Gajuwaka Mandal, Visakhapatnam District. 4. Smt. S.D. Anitha, The Special Grade Deputy RA.P.I.I.C., Atchuthapuram, Visakhapatnam District. 5. One CC to Sri. T Nagarjuna Reddy, Advocate [OPUC] 6. One CC to Sri. T S Rayalu, Advocate [OPUC] 7. Two CD Copies Visakhapatnam Visakhapatnam Collector, R and sree HIGH COURT DATED:01/08/2025 ORDER CC NO. 449 OF 2025 CLOSING THE CONTEMPT CASE WITHOUT COSTS