APHC010153242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CONTEMPT APPEAL NO: 3/2022 Between: 1. C.K.SRINIVASULU,, TAHSILDAR, MADANAPALLE MANDAL, CHITTOOR DISTRICT. ...APPLICANT AND 1. M SUBBA REDDY, , S/O. M.PEDDIREDDT, AGED ABOUT 63YEARS, OCC- EX.SERVICE MAN, R/O. MAJARA MOTUKUPALLE, NADIMIKANDIGA POST, GURRAMKONDA MANDAL, CHITTOOR DISTRICT. 2. M ADEMMA, W/O M.BAYYA REDDY AGED ABOUT 82 YEARS, OCC- HOUSE WIFE R/O MAJARA EDIGAPALLE BODEVARIPALLE POST, PUNGANUR MANDAL, CHITTOOR DISTRICT. 3. USHA RANI IAS, THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, STAMPS AND REGISTRATION, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 4. M HARI NARAYANA IAS, THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT 5. V PUSPALATHA, THE DISTRICT REGISTRAR, CHITTOOR, CHITTOOR DISTRICT. 6. PUTALAPATTU RAJU, THE SUB REGISTRAR, MADANAPALLE, CHITTOOR DISTRICT (R3 TO R6 ARE NOT NECESSARY PARTIES IN THIS CASE) ...RESPONDENT(S): pleased to allow the Contempt Appeal by setting aside the order dated 21-03-2022 passed in C.C.No. 2169 of 2021 and to pass IA NO: 1 OF 2022 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 to suspend the operation of the Order dated 21- 3-2022 made in C.C. No.2169 of 2021, pending disposal of the above Contempt Appeal and pass Counsel for the Applicant: 1. P SUBASH Counsel for the Respondent(S): 1. THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CONTEMPT APPEAL No.3 of 2022 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This contempt appeal has been filed aggrieved by the order dated 21.03.2022 in C.C.No.2169 of 2021 passed by learned Single Judge of this Court. While dealing the said contempt case, the learned Single Judge of this Court came to an opinion that the respondent No.4 therein was guilty of Contempt of Court, as defined under Section 2(d) of Contempt of Courts Act, 1926 and held that he was liable for punishment under Section 12 of the Contempt of Courts Act 1926, as the contemnor deliberately and wilfully violated the order of this Court dated 22.06.2021. Accordingly, while disposing the said contempt case, sentenced the 4th respondent therein to undergo imprisonment for a period of two (02) months and directed to pay a fine of Rs.2,000/- each, for violating the order of this Court wilfully. Thereafter at the request of 4th respondent, the sentence is suspended for a period of three (03) weeks enabling him to prefer an appeal. Against the said order, the present contempt appeal is filed. 2. On 31.03.2022, the contempt appeal is admitted by the coordinate Division Bench of this Court and suspended the sentence of imprisonment imposed on the appellant vide order dated 21.03.2022 in I.A.No.1 of 2022 in C.C.No.2169 of 2021. Thereafter notice served on respondent Nos.1 and 2 and proper acknowledgement has been received by the High Court. Inspite of service of notice, there is no representation on behalf of respondent Nos.1 and 2 herein either in person or through an advocate. 3. In view of the same, we are proceeding with the case basing on the material available on record and on the submissions of learned counsel for the appellant. 4. Mr.P.Subash, learned counsel for the appellant has drawn the attention of this Court to the Judgment dated 24.07.2023 in W.A.No.528 of 2022 passed by the coordinate Division Bench of this Court and would submit that against the order dated 22.06.2021 passed by the learned Single Judge of this Court in W.P.No.11590 of 2021, the affected parties preferred W.A.No.528 of 2022 and considering their contentions, the Division Bench has set aside the order dated 22.06.2021 passed in W.P.No.11590 of 2021. While allowing the said Writ Appeal, the coordinate Division Bench restored the W.P.No.11590 of 2021 to its file for fresh consideration by the learned Single Judge. 5. On perusal of the said Judgment, it appears that the order dated 22.06.2021 in W.P.No.11590 of 2021 which is the basis for filing C.C.No.2169 of 2021 and to impose punishment to the appellant herein has been set aside and the Writ Petition itself stands restored to its file for fresh consideration by the learned Single Judge. 6. Under these circumstances, in the absence of the order dated 22.06.2021 in W.P.No.11590 of 2021, the order dated 21.03.2022 passed in the contempt case would not survive. 7. For the aforesaid reasons, this Contempt Appeal is allowed and the order dated 21.03.2022 in C.C.No.2169 of 2021 is hereby set aside. Fine amount, if any, paid by the appellant pursuant to the order in C.C.No.2169 of 2021, is entitled to recover the same, from the concerned. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date: 03.02.2026 M K K 61 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CONTEMPT APPEAL No.3 of 2022 Date: 03.02.2026 M K K