The main legal point established in the judgment is that willful disobedience of a court order, as defined in the Contempt of Courts Act, can lead to punishment under Section 12 of the Act.

ORDER :

The above Contempt Case is filed under Section 10 to 12 of the Contempt of Courts Act, 1971 (for short “the Act”) to punish the respondents for their willful and deliberate disobedience of the order dated 22.07.2020 in W.P.No.11985 of 2020.

2. Petitioner filed W.P.No.11985 of 2020 on 21.07.2020 and the same was listed before the Court on 22.07.2020. The relief sought for in the writ petition is to declare the action of respondents in attempting to demolish the petitioner’s shops and upstair portion bearing Door Nos.1/1957, 1/1958, 1/1960, 1/1961 and 1/1962, Railway Station Road, Sriram Nagar, Kadapa without issuing any notice and without passing any order, as illegal and arbitrary and also against the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act 2013”) and Article 300A of the Constitution of India.

3. The writ petition was disposed of on 22.07.2020. The operative portion of the order reads as follows:

“Sri Suresh Kumar Reddy Kaluva, learned Standing Counsel appearing for respondent No.3 – Kadapa Municipal Corporation, submits that the Corporation would follow the procedure contemplated under the law before demolishing the subject shops of the petitioner.

In the facts and circumstances of the case, respondent No.3 – Kadapa Municipal Corporation is directed to follow the procedure contemplated under law before demolishing the shops of the petitioner.”

4. Thereafter, the shops and upstair portion of the petitioner was demolished on 23.07.2020.

5. In the writ affidavit, petitioner pleaded title to the property; obtaining permission from the Corporation and also transfer of 27.24 square yards in favour of Kadapa Municipal Corporation under a registered document bearing No.836 of 2015 dated 26.02.2015. In Paragraph-4 of writ affidavit, it was contended that respondents 3 and 4 and subordinates of 2nd respondent visited the shops and building and made markings without issuing any notice and informed that the shops will be demolished for road widening. As per the markings, almost all the shops would be demolished except part of shop No.1/1958. The respondents have given marking upto 21 feet on southern side and towards northern side it was reduced. If at all the respondents intend to demolish the shops for public purposes, they have to initiate proceedings under the Act, 30 of 2013. For two days, the officers of 2nd respondent and respondents 3 and 4 visited the shops with a view to widen the road by demolishing the shops without issuing any notice.

6. As indicated supra, the writ petition was disposed of at the admission stage, on the instructions of learned Standing Counsel appearing for the Corporation that the Corporation will follow the procedure contemplated under law before demolishing the subject shops of petitioner.

7. In the affidavit filed in support of contempt case, it was specifically contended that 2nd respondent demolished the structure on 23.07.2020 high handedly without following due process of law. No notice was issued under the A.P. Municipalities Act or any other Act. Passing of order by court was brought to the notice of 2nd respondent, however the structure was demolished high handedly. Along with contempt case, legal notice dated 04.08.2020 and photographs were filed.

8. (a) Counter affidavit was filed on behalf of 2nd respondent. It was contended inter-alia that the petitioner does not have any legal right over 120 square yards of site. According to revenue records, the said site is Government land and the mother of petitioner encroached 120 square yards and constructed the structures. Petitioner filed an application on 06.06.2014 for getting permission to construct building in S.No.95 of Nagarajupalli Village Fields. After following the procedure, the 2nd respondent issued Building Permit Order No.367/G1/2004 dated 26.02.2015 to construct building in S.No.95 of Nagarajupalli Village Fields. However, the petitioner constructed the bui