APHC010084532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1302/2024 Between: Pallem Laxmi Vara Prasad ...PETITIONER AND Dr Aparajita Singh Sin Sin War and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. MOHAMMED GAYASUDDIN Counsel for the Contemnor(S): 1. K M KRISHNA REDDY 2. KIRAN TIRUMALASETTI The Court made the following: ORDER The above contempt case is filed complaining non-implementation of the order dated 26.10.2018 in W.P.No.946 of 2017. 2. The petitioner filed the aforementioned writ petition assailing the order dated 24.12.2016 passed by the Joint Collector, Krishna at Machilipatnam vide File No.REVESECOLAS(APL)/3/2016-JA(E3)-KCO confirming the order passed by the Revenue Divisional Officer, Bandar, Krishna District in Appeal No.RC.B.3401/2015, dated 01.02.2016 and order of the Tahsildar, Machilipatnam in Rc.B/747/2009, dated 22.07.2015, as illegal and arbitrary. 3. The said writ petition was allowed, setting aside the order passed by the 4th respondent-Tahsildar confirmed by the 3rd respondent, and further confirmed by the 2nd respondent-Joint Collector. Thereafter, the State filed an intra-Court appeal W.A.No.454 of 2019 and the same was dismissed on 24.08.2023. 4. Sri Md.Gayasuddin, learned counsel for the petitioner, would submit that in pursuance of the order in the writ petition, the land of an extent of Ac.1.90 cents in S.Nos.49/1B and 81/2 of Pothepalli village, Machilipatnam Mandal was restored to the petitioner and the petitioner has been in possession and enjoyment of the same. He would also submit that the record of rights was updated in the name of the petitioner, however, the said land was again included in the list of prohibited properties under Section 22-A of the Registration Act, 1908. He would submit that by including the property in the list of prohibited properties, the respondents violated the order of this Court. 5. Reply affidavits were filed by the respondents 4, 5 & 6. In the reply of the 4th respondent, it was pleaded that the Government filed a review petition in W.A.No.454 of 2019, and the same is under consideration. Sri Dileep, learned counsel representing Sri K.M.Krishna Reddy, learned counsel for the respondents, would submit that the delay in filing the review was condoned and the review petition was listed to 05.05.2025. 6. To the same effect, the replies were filed by the respondents 5 and 6. Page 3 of 3 7. Whether the respondents violated the order dated 26.10.2018 in W.P.No.946 of 2017, and whether the same is intentional, needs to be considered. 8. As seen from the order passed in W.P.No.946 of 2017, the order of resumption passed by the Tahsildar, confirmed by the Revenue Divisional Officer and further confirmed by the Joint Collector, was set aside. In fact, the learned counsel for the petitioner would submit that possession was restored to the petitioner, and the record of rights was also updated in favour of the petitioner. Since the possession of land was restored and the record of rights was updated, this Court does not find any deliberate and intentional violation of the order dated 26.10.2018 in W.P.No.946 of 2017. 9. Inclusion of the property in the list of prohibited properties under Section 22A of the Registration Act, 1908, in the opinion of this Court, is a separate cause of action, and the said action of respondents does not amount to the violation of the order passed in the writ petition. The petitioner has to take necessary steps before the appropriate authority for the exclusion of the land admeasuring Ac.1.90 cents in S.Nos.49/1B and 81/2 of Pothepalli village, Machilipatnam Mandal, from the list of prohibited properties. 10. Given the discussion supra, this Court does not find any violation of the order dated 26.10.2018 in W.P.No.946 of 2017. 11. Accordingly, the Contempt Case is Closed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD