Remanded

D.Pemmasani Nirmala, v. B.Adhisheshaiah

Andhra Pradesh HC10 Nov 2022CC/1605/2021

Case brief

AI extract

What is this about?

This court closed the contempt petition filed for violation of a 2015 order. It held that since the dispute regarding property possession did not arise and an endorsement was issued based on representation, the petitioners are free to challenge that endorsement in a separate suit.

What did the court decide?

Closed the contempt case and left it open to the petitioners to challenge the endorsement dated 28.01.2022 before the appropriate forum.

D.Pemmasani Nirmala, Vs B.Adhisheshaiah — Property and Title | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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Contempt Case No.1605 of 2021

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ORDER:-

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Heard both sides and perused the record.

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The present Contempt Case came to be filed under Section 10 to 12 of the Contempt of Courts Act, 1971 for willful and deliberate violation of the Order, dated 20.07.2015 in W.P.No.18669 of 2011, wherein this Court passed the following order:-

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“Without going into the merits of the case and having regard to the circumstances stated above, the writ petition is disposed of by giving direction to the respondent No.3 not to dispossess the petitioners, if they are in occupation of the land in survey No.31/2 of Mannegunta Village, Venkatagiri Mandal, SPSR Nellore District, without following due process of law. It is needless to mention that the representations made by the petitioners, dated 20.11.2010 and 11.03.2011, shall be considered in accordance with law, if the same are made and still pending consideration.”

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Counters came to be filed by the respondents denying

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the averments made in the affidavit filed in support of the Contempt Case, contending that the Revenue Officials

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never interfered with the peaceful possession and enjoyment of property by the petitioners. Regarding the grant of “D” form pattas, it is said that as per the orders passed by Hon’ble apex Court, “D” form pattas can’t be issued for Forest lands. It is further stated that after obtaining no objections from the Forest Officials, necessary steps will be taken for grant of “D” form pattas as per the norms laid there under.

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It is to be noted here that this Contempt Case was filed in the year 2021 for deliberate and willful violation of the Order made in the year 2015. Taking into consideration the circumstances of the case, the petitioners are said to have made another representation in the year 2021, which according to the learned counsel for the respondents, was considered and the endorsement dated 28.01.2022 came to be issued. Having regard to the above learned counsel for the petitioners submit that they may be permitted to challenge the said endorsement.

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Having regard to the above, the Contempt Case is closed , leaving it open to the petitioners to challenge the

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endorsement dated 28.01.2022. As the counter filed by the respondents show that they are not interfering with the property in dispute, and as the endorsement came to be issued pursuant to the representation made, the petitioners are at liberty to ventilate their grievance before the appropriate forum forthwith.

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Miscellane o us petitions pending, if any, shall stand closed.

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_ ______________________________ JUSTICE C.PRAVEEN KUMAR

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Date: 10.11.2022 MS

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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

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Contempt Case No.1605 of 2021

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Date:10.11.2022

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D.Pemmasani Nirmala, v. B.Adhisheshaiah

Case brief

What is this about?

What did the court decide?

D.Pemmasani Nirmala, v. B.Adhisheshaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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