Disposed¶19

Sri Varaha lakshmi Narasimha Swamy Vari Devasthanam v. Sri Valluri Srihari Ganapathi Rao

Andhra Pradesh HC5 Apr 2026CC/305/2013

Case brief

AI extract

What is this about?

Contempt of court — maintainability — closure following dismissal of underlying writ petition. Alleged disobedience of interim order dated 26.03.2009 in WPMP No.8517 of 2009 in W.P.No.6513 of 2009 (writ of Mandamus; obstruction of construction in Sy.No.275, Adavivaram Village, Visakhapatnam; Sri Ganesh Seva Sangham; respondent/temple; part sale refund; no coercive steps). Writ petition dismissed on merits 31.12.2024 (no locus standi; speculative litigation; Article 226). Contempt case pending over one and a half decades held not maintainable and closed; no costs; miscellaneous petitions closed. Justice Venkateswarlu Nimmagadda; decided 06.04.2026.

What did the court decide?

Contempt case closed with no costs; miscellaneous petitions pending, if any, in the contempt case stand closed ¶19

Sri Varaha lakshmi Narasimha Swamy Vari… — Writ and Judicial Review | Andhra Pradesh HC (2026)

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE No.305 of 2013

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ORDER:-

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This Contempt Case is filed complaining the alleged willful disobedience in implementing the order dated 26.03.2009 passed by this Court in WPMP No.8517 of 2009 in W.P.No.6513 of 2009.

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W.P.No.6513 of 2009 is filed to issue writ of Mandamus declaring the action of respondents in obstructing the structures and repairs being made by the petitioners i.e. Sri Ganesh Seva Sangham in their respective plots in Sy.No.275 of Adavivaram Village, Visakhapatnam as illegal, arbitrary and consequently, issue directions to the respondents to restrain themselves from interfering with any kind of the construction activities of the petitioners in their plots.

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On 26.03.2009, this Court passed interim order in WPMP

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No.8517 of 2009 in W.P.No.6513 of 2009, which reads as follows:

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“There shall be interim direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ respective lands. However, the petitioners shall not take up any further constructions in the lands allotted to them, until further orders. Notice.”

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NV,J CC No.305 of 2013

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During pendency of the contempt case, W.P.No.6513 of 2009 was dismissed by this Hon’ble Court on 31.012.2024, holding as follows:

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“Under the aforementioned circumstances and close scrutiny of earlier proceedings and orders of this Court as stated supra, the petitioners have no locus standi to challenge the subject issue again and again is highly illegal without end at large and same is nothing but speculative litigation. Therefore, this Court finds no merit in the case of the petitioners to claim relief under Article 226 of the Constitution of India.

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Accordingly, the writ petitions are dismissed. However, it is left open for the petitioners to claim the amount paid by them towards part sale transaction to the respondent/temple with reasonable rate of interest or settle the issue amicably with each other. It is made clear that the respondents are directed not to take any coercive steps against the petitioners till refund of amounts paid to the petitioners by the respondents.”

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5. During hearing, learned counsel for the petitioner submits that,

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in view of the dismissal of the writ petition, the interim order is merged with the final order and submits that, no further orders are necessary to be passed in the contempt case.

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NV,J CC No.305 of 2013

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Considering the submissions made by learned counsel for the petitioner and on perusal of the final order passed by this Court in W.P.Nos.6513 of 2009 & batch dated 31.12.2024, W.P.No.6513 of 2009 was dismissed by the Hon’ble Court on merits.

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It is settled law that, once writ petition is dismissed, the contempt case filed against the interim orders passed in the said writ petition, which is pending for more than one and half decade cannot be adjudicated. Therefore, the present contempt case is not maintainable and liable to be closed.

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