IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 2087/2021 Between:

1. P .VENKATA KISHORE BABU,, S/O. P. SUBBARAO AGED ABOUT 45 YEARS, OCC- BUSINESS R/O. 2-143, ALINAGARAM, LINGALA POST MANDAVALLI MANDAL, KRISHNA DISTRICT ...PETITIONER AND

1. D V N JANAKI LAKSHMI, OCC- SECRETARY TO ALINAGARAM GRAMPANCHAYAT ALINAGARAM, MANDAVALLI MANDAL, KRISHNA DISTRICT

2. S HAIK KADHER BASHA ANARI, S/O SHAIK BAJI, R/O.

ALINAGARAM, MANDAVALLI MANDAL KRISHNA DISTRICT

3. M OLA SAHIB SHAIK M D SARDAR, S/O. PENTU SAHIB R/O.

ALINAGARAM, MANDAVALLI MANDAL KRISHNA DISTRICT

4. A BDUL SUBAN BAJAN, S/O ABDUL MUNAF R/O.

ALINAGARAM, MANDAVALLI MANDAL, KRISHNA DISTRICT

5. M OHAMMAD RABIKA, S/O IBRAHIM KALEEL R/O.

ALINAGARAM, MANDAVALLI MANDAL, KRISHNA DIS

6. K OPPINENI PRABHAKAR, S/O NOT KNOWN TO THE PETITIONER AGED ABOUT NOT KNOWN TO THE PETITIONER OCC-PANCHAYAT SECRETARY,ALINAGARAM,MANDAVALLI MANDAL, KRISHNA DISTRICT. R 6 IMPLEADED AS PER COURT ORDER DATED 09/10/25, VIDE I.A NO-1/25 IN CC NO-

2087 OF 2021.

...CONTEMNOR(S):

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 Respondents herein Under Section 10 to 12 of the Contempt of Courts Act, 1971 for willfully and intentionally disobeying the Order dated 20.08.2020 in W.P. No. 8564 of

2020 passed by this Hon'ble Court and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit me to implead the proposed party as Respondent No. 6 as necessary party in C.C No. 2087 of 2021 and pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Contemnor(S):

1. N SRIHARI

2. Y KOTESWARA RAO The Court made the following:

ORDER

This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971, for the willful disobedience of the orders dated

20.08.2020 passed in W.P.No.8564 of 2020.

2. Heard Sri K.V.Aditya Chowdhary, learned counsel for the petitioner and Sri N.Sri Hari, learned counsel for respondent No.1 and Sri Y.Koteswara Rao, learned counsel for respondent No.6.

3. Learned counsel for the petitioner contended that when the Gram Panchayat failed to take action against the illegal construction being carried out by certain individuals in RS.No.558 who are party respondents to W.P.No.8564 of 2020, the said writ petition has been filed. This Court, by way of orders dated 20.08.2020 disposed of the said writ petition directing the authorities to deal with the objections filed by the petitioner and the resolution passed by the Gram Panchayat and take appropriate steps in accordance with law after giving notice and opportunity to petitioner as well as unofficial respondents in the said lis.

Learned counsel further contended that despite such directions, no action has been initiated by the respondents or removed the encroachments by demolishing the structures in existence. The said action is willful and deliberate, as such, the authorities are liable to be punished under contempt of Courts Act, 1971.

4. On the other hand, Sri N.Sri Hari and Sri Y.Koteswara Rao, learned counsel for the respondents in one voice contended that having filed this contempt case, the petitioner also filed a writ petition vide W.P.No.37863 of 2022 for the very same relief, as sought in W.P.No.8564 of 2020 and with a consequential direction to punish the respondents for violating the orders passed in W.P.No.8564 of 2020, which is subject writ petition in the present contempt case. They further submitted that filing cases one after the other for the very same relief is nothing but abuse of process of law. Before filing W.P.Nos.8564 of 2020 and 37863 of 2022, the very same petitioner filed Writ Pet