Reddi Uma Rani, Vs Sri K.Prasanna Kumar

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE TENTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE A €
iC
PRESENT tn
jO CO

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALA^^D

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CONTEMPT CASE NO: 148fi OF 2024

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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 respondent herein under Sections 10 to 12 of the Contempt of Courts Act, 1971 for his willful, deliberate and intentional violation of the orders of this Hon'ble Court, dated 30.10.2023 made in W.P.No.28372 of 2023.

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Between:

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Reddi Uma Rani, W/o Radha Krishna Aged about 50 years Occ Business R/o. 8 Kay St Jericho NYI 1753 USA Rep by her GPA Holder Dasari Simhachalam S/o Late Appalanaidu, Aged about 68 years, Occ. Retd. Teacher, R/o. D.No. 520-A, Saikrishna Nagar, Palakonda Road, Rajam Town and Mandal Vizianagaram District

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...PETITIONER

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AND

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Sri K.Prasanna Kumar, Tahsildar, Vepadu Mandal, Vizianagaram^District

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...RESPONDENT

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Counsel for the Petitioner : SRI. V R REDDY KOWURI

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Counsel for the Respondent : SRI K M KRISHNA REDDY

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The Court made the following ORDER :

[3332]

APHC010108672024

eT^:5

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

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CONTEMPT CASE NO: 1486/2024

Between:

Reddi Uma Rani,

...PETITIONER

AND

Sri K Prasanna Kumar

...CONTEMNOR

Counsel for the Petitioner:

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1.V R REDDY KOWURI

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Counsel for the Contemnor:

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1.K M KRISHNA REDDY

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The Court made the following order:

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This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondent for willful^{disobedienceoftheorder} dated 30.10.2023 passed by this Court in Writ Petition^{No.28372of2023.}

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Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Sri K.M.Krishna Reddy, learned counsel for the respondent.

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Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that when the petitioner^{hasnotconsidered}

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the Vl-A application of the petitioner for mutation^ofhername in the revenue records and issuance of E-Pattadar pass book-cum-title^deed in favour of the petitioner with regard to subject land, the petitioner filed Writ Petition No.28372 of 2023 and this Court vide order dated 30.10.2023 disposed of the said Writ Petition at the admissions stage, granting liberty to the petitioner to make fresh application in accordance with law to the authority concerned and on such application, the authority concerned is directed to consider and dispose of the same in accordance with law within a period of thirty days from the date of receipt of the application and communicate the same to the petitioner. He further submitted that pursuant to the said order the petitioner submitted Form-VI A application on 07.11.2023, but the respondent failed to consider and dispose of the same, as such, he has issued legal notice dated 10.01.2024 to the respondent. Having received the said legal notice. respondent failed to dispose of the application of the petitioner, which is nothing but deliberate and intentional violation of^the orders of this Court. Hence, prayed to punish the respondent under Sections 10 to 12 of the Contempt of Courts Act.

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On the other hand, Sri K.M.Krishna Reddy, learned counsel for the respondent while reiterating the contents of the reply affidavit of the respondent contended that according to Rule 26(6) of A.P. Rights in Land and Pattadar Pass Book Rules, 1989, the claimant should^{havetitleovertheland} and also in possession and enjoyment of the land. During Field enquiry by the Village Revenue Officer, Veeluparthi and Mandal Revenue Inspector, Vepada

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Mandal, it is noticed that the subject lands are not under possession and enjoyment of the petitioner at any point of time. Hence, the RoR claim in Form Vl-A of the petitioner dated 07.11.2023 was submitted to the Revenue Divisional officer, Vizianagaram along with Field enquiry reports and recommended for rejection of mutation application vide the office Lr.Rc.No.257/2023/J.A, dated 12.12.2023 and also to accord necessary permission as required under Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Amendment Act, 15 of 2022. On receipt of permission from the Revenue Divisional Officer, an^{Endorsementvideoffice} Lr.Rc.No.257/2023/JA dated 05.01.2024 was issued and sent the same to the petitioner by post. He further submitted that the petitioner^{cannotfindfaultwith} the authority and there is no disobedience on the part of the respondent in complying the orders of this Court. Hence, prayed to close the Contempt Case. 5. In reply, learned counsel for the petitioner submitted that this Court directed the authority concerned to bring the Dispatch Register Book to show that the said endorsement has been sent to the petitioner. He further submitted that on perusal of the said book, it goes^to show^{thattheauthority} has incorporated the particulars of dispatch at the end of the page to overcome the Contempt Case.

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Perused the record and considered the submissions made by respective parties.

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This Court, while disposing of the Writ Petition No.28372 of 2023, passed the following order dated 30.10.2023:

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“The petitioner is at liberty to make a fresh application in accordance with law to the authority concerned and on such application, the authority concerned is hereby directed^toconsider and dispose of the same in accordance with law within a period of thirty days from the date of receipt of their representation/application and communicate the same to the petitioner.”

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It is not in dispute that pursuant to the directions of this Court, the petitioner submitted Form-VI A application on 07.11.2023. It is also not in dispute that the Tahsildar, Vepada has issued Endorsement vide Rc.No.287/2023, JA dated 05.01.2024 rejecting the request of the petitioner.

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It is the contention of the petitioner that the respondent has not complied the directions of this Court and endorsement of the Tahsildar has not been communicated to the petitioner. In the counter, the respondent has categorically stated that he has issued endorsement and the same was sent to the petitioner by post. To the said submission, learned counsel for the petitioner submitted that the Tapals Register has been tampered and the particulars of dispatch with regard to subject issue^{havebeenincludedatthe} end of the page to overcome the Contempt Case.

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The original Registered Post & General Tapals Register, Vepada Mandal was placed before this Court which shows that the endorsement has

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been dispatched on 05.01.2024 and it is shown as item No.5 and it is written at the end of the page and in the next page the continuation of serial numbers shown as 6, 7 and 8 respectively. If really the respondent has incorporated the particulars of the dispatch shown as item No.5, the next serial numbers 6, 7 and 8 should have been changed by making corrections.^There are no corrections or incorporations in the Tapals Register. However, the order has been sent through ordinary post. In the said circumstances, the contention^of the petitioner that the endorsement was not communicated to him is not correct and this Court does not find any willful disobedience on the part of the respondent in complying the directions of this Court. Hence, this Court is not inclined to initiate contempt proceedings against the respondent.

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Accordingly, the Contempt Case is dismissed. However, the petitioner is at liberty to question the Endorsement vide Rc.No.287/2023, JA, dated 05.01.2024 issued by the Tahsildar, Vepada before the appropriate forum in accordance with law, if so advised. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed.

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Sd/- K TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

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