Court dismissed contempt allegations, finding that execution of a property warrant was not unlawful, as it adhered to legal processes despite timing disputes.

ORDER

This petition is filed under sections 10 to 12 of the Contempt of Courts Act , 1971 for willful and deliberate flouting of the order of this Court, dated 10.04.2023, in W.P.No.8581 of 2023 and to pass any other order deemed fit in the circumstances of the case.

2. The petitioner initially filed contempt case against the respondents Nos.1 and 2 who are D.Suresh, Inspector of Police / Station House Officer, Governorpet Police Station, Vijayawada and Sri N.V.V.Subrahmanyam, Advocate Commissioner enrolled in the Bar Association, City Civil Courts, Vijayawada.

3. On 24.08.2023, the petition against D.Suresh / respondent No.1 was requested to be dropped subsequent to filing of counter on 17.08.2023 by this respondent.

4. The respondent No.3 was added as per the order dated 21.09.2023 in I.A.No.03 of 2023. I.A.No.3 of 2024 was filed by the respondent No.3 to recall the order dated 24.08.2023 in I.A.No.03 of 2023. However, today i.e., on 19.12.2025, the petitioner dropped the proceedings against the respondent No.3 as well, because the then Branch Manager of the respondent No.3, by name, Mr. Rizwan, who was alleged to be the person responsible for the contempt, passed away.

5. The case of the petitioner is briefly, as follows:

a. The petitioner filed W.P.No.8581 of 2023 seeking writ of mandamus declaring that the Station House Officer, Governorpet Police Station, Vijayawada / respondent No.2 therein and Mr.N.V.V.Subrahmanyam / respondent No.3 therein cannot execute order of warrant, dated 28.02.2023, passed in Crl.M.P.No.642 of 2023 on the file of the Court of the Chief Metropolitan Magistrate, Vijayawada, after the date of expiry on 30.03.2023 in respect of the commercial / residential building bearing D.No.27-1/5-7, Municipal Ward No.23, Block No.5, Kruthiventivari Lane, Governorpet, Vijayawada, Krishna District and any action to dispossess the petitioner from the said property without following due process of law as illegal, arbitrary and violative of Articles 14, 21, and 300-A of the Constitution of India apart from being violative of principles of natural justice etc. Along with the writ petition, I.A.No.1 of 2023 seeking interim relief was filed. At the time of admission of the writ petition, on 10.04.2023, in I.A.No.1 of 2023 which was filed under Section 151 C.P.C. seeking the relief to direct the respondents Nos.2 and 3 therein not to dispossess the petitioner from the above said property, except in accordance with law, pending disposal of the writ petition, this Court passed the following order:

“Learned counsel for the petitioner submitted that the 3^rd respondent has been trying to execute the warrant which is returnable by 30.03.2023, without the same being renewed by the competent authority.

2. He further placed reliance on the decision of the Division Bench of this Court in W.P.No.30161 of 2021 dated 18.02.2022, wherein, under similar circumstances, execution of warrant beyond the period stipulated was held to be not legal.

3. The learned Government Pleader for Home appeared for respondents Nos.1 and 2.

4. Issue notice to the 3^rd respondent.

5. Learned counsel for the petitioner is permitted to take out personal notice to the 3^rd respondent through registered post with acknowledgment due and file proof thereof.

6. Post on 19.04.2023.

7. Till then, status quo shall be maintained. It is made clear that this order does not come in the way of taking steps a