Reddi Ramachandra Rao @ Reddi Venkata Ramachandra Rao Vs B R Ambadhkar

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IN THE HIGH COURT OF ANDHRA PRADESH AT AA/IARAVATI THURSDAY. THE THIRD DAY OF APRIL TWO thousand AND twenty five

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present

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‘f "J '4^

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the honourable SRI JUSTICEJl RAVI CHEEMALAPA^

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^^^^OIMPICASENO; 1M2±OF2024

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Petition under Sections ■>0 to 12 of Contempt of Courts praying that in the ci Act 1971 circumstances stated i Court may be pleased "" ^f^'davit file herein the High Contempt of Courts un,sM,e Respondent herein under sec. 12 of the AC, ,971 an, Art. 215 of me Constilution of India for willfully and deliberately violating the orders 01-2024 made ini W.P. No. 447 of 2024. of this Hon'ble Court dated 08-

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Between;

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Reddi Ramachand ra Rao @ Reddi Venkata Ramachandra Vasantha Naidu, Rao, s/o Aged about 61 States of America years, Occ Self Employed, R/o United Rep. by GPA holder Sabbana Appala Swamy, Aged about 67 Jagannadham, S/o Late Valasa Village, Bobbin years, Occ.Agriculture R/o Narayanappa Mandal;Viaanagaram District.

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...PETITIONER

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and

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T B R Ambadhkar, The District Collector, Vizianagaram. Vizianagaram District

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Sai Sri, The Revenue Divisional Officer. Growth Center, Bobbili 3- Trinadha Naidu The Tahsildar, Bobbili District Bobbin Mandal, Vizianagaram

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Gown Sankara Rao Village Revenue Officer ’ Kasidoravalasa Village Grama Sachvalayam Gorla Seefhram Post Bobbin. Bobbin Mandal, vizianagaram District

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Counsel for the Petitioner: SR, A BHASKARA CHARY

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...RESPONDENTS

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Counsel for the Respondents: SRI K M KRISHNA REDDY (RR -1.2&4) The Court made the following ORDER:

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gAPHC010293842024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3332]

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THURSDAY, THE THIRD 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: 3024/2024

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Between:

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Reddi Ramachandra Rao @ Reddi Venkata Ramachandra ...PETITIONER Rao

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AND

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B R Ambadhkar and others

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...CONTEMNOR(S)

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Counsel for the Petitioner:

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1.ABHASKARA CHARY

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Counsel for the Contemnor(S):

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1.KM 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 respondents for willful^{disobedienceoftheorder} dated 08.01.2024 passed by this Court in Writ Petition^{No.447of2024.}

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Heard Sri A.Bhaskara Chary, learned counsel for the petitioner and Sri K.M.Krishna Reddy, learned counsel for respondents/contemnor^s.

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Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that as the respondent^{authoritieshavenot}

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taken steps for issuance of pattadar pass book and title deed, the petitioner filed Writ Petition No.447 of 2024 and this Court disposed of the said Writ Petition giving liberty to the petitioner to make 6-A application through online and submit all the documents required and on such application,^{theauthorities} concerned was directed to dispose of the same in accordance^with law. He further submitted that pursuant to the said order, the petitioner approached the Village Secretariat along with the order of this Court^and other documents enclosed to 6-A application, but the revenue authorities did not accept the said application stating that there is no option online to input data of 6-A application. Therefore, the petitioner made a representation^{dated01.04.2024} to respondent No.3-Tahsildar enclosing all the documents,^{butsofarnoaction} has been taken by the Tahsildar. He further submitted that the petitioner got issued legal notice dated 20.05.2024 to the respondents and in spite of receipt of the said notice, the respondent authorities have not implemented the orders of this Court, which shows the willful disobedience on the part of the respondents. As such, prayed to punish the respondents^{underSections10to} 12 of the Contempt of Courts Act, 1971.

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On the other hand, Sri K.M.Krishna Reddy, learned counsel for the respondents while reiterating the contents of the counter affidavits of respondent Nos.1 to 4 submitted that pursuant to the representation made by the petitioner, the Tahsildar, Bobbili has informed the petitioner vide Rc.No.225/2024 dated 18.07.2024 to submit the mutation application along with Family Member Certificate of the deceased father of the applicant in order

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to upload 6-A application in online, but the Writ Petitioner^{couldnotsubmitthe} mutation application in Form 6-A through online till today. As such, the petitioner’s representation could not be considered.^{Hence,prayedtodismiss} the Contempt Case against the respondents.

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In reply, learned counsel for the petitioner while^{reiteratingthecontents} of the rejoinder affidavit of the petitioner contended^{thatthepetitionerandhis} father were in joint family and they got several ancestral^{propertiesfromthe} grandfather of the petitioner. The subject land was^{recordedinFairAdangalin} the name of the petitioner, later the same was not^{uploadedintherevenue} records and the same was not updated in title deed^andpassbook. The petitioner need not make any application for mutation^{andneednotsubmit} Family Member Certificate. He further contended that^{ifthepetitionermakes}

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an application for mutation, then only Family Member Certificate^isnecessary, but in the present case, the petitioner made application^{forissuanceofTitle} deed-cum-Pattadar Pass Book and no provision of Section^6A of the Act speaks about submission of Family Member Certificate^{forissuanceofTitle} deed-cum-pattadar pass book.

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Perused the record and considered the submissions made^byboththe learned counsel.

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This Court, while disposing of the Writ Petition No.447^of2024passed the following order dated 08.01.2024:

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Taking the submissions of both the learned counsel into consideration, as the authorities are willing to consider the

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petitioner’s application if made as per the rules, there is no purpose in keeping this Writ Petition pending by inviting counter. As such, this Court, without going into the merits of the case, is inclined to dispose of the Writ petition with the following direction;

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i) The petitioner is at liberty to make a 6-A application through online and submit all the documents required.

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ii) On such application, the authority concerned is directed to consider and dispose of the same in accordance with law, within a stipulated period as per the rules in vogue and communicate the same to the petitioner.”

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It is the contention of the petitioner that as per^{thedirectionsofthis} Court, the petitioner tried to make an application through mee-seva, but the same was not accepted, as such, a manual representation^wasmade for issuance of Title deed-cum-Pattadar Pass Book.

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Perusal of the reply affidavits of respondents would indicate that an endorsement, dated 18.07.2024 has been issued to the petitioner duly asking to submit Family Member Certificate, but the same was not submitted by the petitioner, as such, the petitioner’s application was not considered. The contention of the petitioner is that the Family Member^Certificate is not at all required for consideration of 6-A application for issuance of title deed-cumPattadar Pass Book. This Court need not adjudicate under Contempt of Courts Act whether the endorsement issued by the respondents is in accordance with law or not and whether the Family Member^Certificate is required for consideration of 6-A application or not, as the same are beyond

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/

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% the scope of the Contempt of Courts Act. The contempt jurisdiction is summary in nature and the contempt proceeding is not^{atoolforresolving} factual disputes or determining the rights of parties. This Court, under Contempt of Courts Act, shall only adjudicate upon^{thefactwhetherthereisa} willful disobedience of any judgment/order passed by^{theCourtornot.}

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Perusal of the record would indicate that the Tahsildar^has issued endorsement dated 18.07.2024 informing the petitioner^{tosubmitmutation} application along with Family Member Certificate of^{thedeceasedfatherofthe} Writ Petitioner to upload 6-A application in online. If at all the petitioner has any grievance, he can as well question the said endorsement before appropriate forum in accordance with law. This Court does not find any disobedience of the order as alleged by the petitioner. Hence, this Court is not inclined to initiate contempt proceedings against^{therespondents.} the 11. Accordingly, the Contempt Case is dismissed. However, petitioner is at liberty to question the endorsement^{videRc.No.225/2024dated} 18.07.2024 before the appropriate forum in accordance^withlaw, 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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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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To,

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District Collector, Vizianagaram District 1. Sri B R Ambadhkar, The Vizianagaram.

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M/s. Sai Sri, The Revenue Divisional Officer, Growth^{Center,Bobbin}

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Sri Trinadha Naidu, The Tahsildar Bobbin, Bobbin Mandal, Vizianagaram District

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Sri Gowri Sankara Rao, Village Revenue Officer, Kasidoravalasa Village Grama Sachvalayam Gorla Seethram Post, Bobbin, Bobbili Mandal, Vizianagaram District

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