In a contempt petition challenging disobedience of orders under the Andhra Pradesh Rights in Land and Pattadar Passbook Act, the Court found no deliberate disobedience and closed the case without costs.
Contempt case closed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
CONTEMPT CASE NO: 1615 OF 2022
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 punish the contemnor/respondent No.4 herein for their intentional, deliberate, willful violation and disobedience of the Orders dated 22 10 2021 irl WP.No.21632 of2021.
Between:
K. Bhagyamma, D/o Late Thimmappa, Aged 53 years, Occ. Household R/o Chippagiri Village and Mandal, Kurnool District, Andhra Pradesh State.
...Petitioner/Petitioner
AND
Sri P.Vali Basha, Tahsildar, Chippagiri Mandal, Kurnool District.
...Contemnor/Respondent No.4
Counsel for the Petitioner: SMT. SUSHMA YAGANTI
Counsel for the Respondent: SRI T. BALASWAMI
The Court made the following Order:
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI HON’BLE SRI JUSTICE NINALA JAYASURYA
CONTEMPT CASE No.l615 of 2022
Dt:04.Q1.2024
Between:
K.Bhagyamma
Petitioner
And
P.Vali Basha
Respondent
Counsel for the petitioner Counsel for the respondent
: Smt.Sushma Yaganti : Mr.T.Balaswami
ORDER:
Heard learned counsel for the petitioner also heardlearned counsel appearing for the respondent.
- Drawing the attention of this Court to the order dated 22.10.2021, the learned counsel for the petitionersubmits that though the respondent herein was directed to conduct necessary enquiry in terms of Section 5(3) of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and pass appropriate orders strictly adhering to Section 5 of the Act andRule 19 of the rules made thereunder, contrary to the letter in supportofthesaid order, the respondent herein issued an Endorsement dated 15.02.2021. She submits that the said endorsement is nothing but elaboration of the earlier Endorsement dated 11.01.2021 which was subject matter of challenge in the writ petition.Shesubmits that as the respondent issued an Endorsement dated 15.02.2022 in utter disregard and defiance to the orders passed on
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22.10.2021, the present contempt case is filed. She submits that the respondent is liable for punishment under Sections 10 86 12 of Contempt of Courts Act, 1971.
- The learned counsel appearing on behalf of the respondent, on the other hand, submits that pursuant to the orders dated 22.10.2021, the respondent had conducted an enquiry as per the provisions of Pattadar Passbook Act, 1971. She submits that notices have been issued to the petitioner, her sisters and other family members calling upon them to attend the office of Tahsildhar with requisite documents in support of their respective claims. She submits that after detailed enquiry by giving due opportunity to all the concerned, the Endorsement dated 15.02.2022 was issued. She submits that there is no disobedience, muchless, willful disobedience on the part of the respondent ini implementing the order of this Court dated 22.10.2021. She also submits that if the petitioner is aggrieved by the said Endorsement dated 15.02.2022, the remedies in accordance with law have to be availed. She prays for dismissal of the contemptcase.
- This Court, considering the submissions made and perusing the material on record including the Endorsement dated 15.02.2022 see no reason to appreciate that there is
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deliberate and willful disobedience of the orders of this Court dated 22.10.2021.
- Therefore, the Contempt Case is closed. However, thisorder would not preclude the petitioner from challenging/questioningthe
Endorsement dated 15.02.2022, if she is so advised.Noorderasto
costs. Miscellaneous petitions pending, if any, shallstandclosed.
SD/- M RAMESH BABU DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
- S i Tahsildar, Chippagiri Mandal, Kurnool District
- One CC to Smt Sushma Yaganti, Advocate [OPUC
- One CC to Sri. T Balaswami, Advocate lOPUCl
- Three CD Copies
Pmg sree
Kiaz; oeen s
HIGH COURT
DATED:04/01/2024
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ORDER
CC.No.1615 of 2022
CLOSING THE CONTEMPT CASE WITHOUT COSTS
K. Bhagyamma
P. Vali Basha
NINALA JAYASURYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
