HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard Sri D.V.N. Acharya, learned counsel for petitioners and learned Government Pleader for Appeals.

2. This Contempt Case is filed alleging willful and deliberate violation of order dated 21.11.2006 passed by the erstwhile High Court of Andhra Pradesh in CCCA.MP.Nos.666 and 723 of 2006 in CCCA.No.46 of 1989. 3. By the aforesaid order, the erstwhile High Court of Andhra Pradesh directed both the parties to maintain status quo obtaining as on 10.11.2006 in respect of the land covered by the suit till disposal of the appeal.

4. According to the petitioners, respondent violated the said order dated 21.11.2006. In the affidavit filed in support of the present Contempt Case, petitioners have not stated on which date, the respondent violated the said order. However, they have not mentioned the same even in the notice dated 29.11.2006 got issued to the respondent. Further, on consideration of the submissions made by both the parties, more particularly, learned counsel for the petitioners, the erstwhile High Court of Andhra Pradesh appointed the Advocate Commissioner to visit the subject land and to submit a report as to whether any construction is being made in the suit schedule property. In compliance with the said order, the Advocate Commissioner has filed a report dated 02.05.2007 stating that the construction was going on in the northern side of the subject land and immediately after the road, the construction work was going on and the houses were being built in Ground + 2 floors. The Surveyor informed that the construction was going on in 4,000 Sq.yards of land, which belongs to the Government.

5. It is to be noted that vide judgment dated 12.06.2008, the said appeal was dismissed by the erstwhile High Court of Andhra Pradesh. However, against the said judgment, the petitioners did not prefer any Special Leave Petition before the Hon’ble Supreme Court. Thus, the said judgment dated

12.06.2008 attained finality.

6. As discussed supra, petitioners herein did not specifically mention the violation of the order of status quo dated 21.11.2006. According to the respondent, construction was in the Government land i.e., 4000 Sq.yards.

7. To punish the contemnors in terms of Section 12 of the Contempt of Courts Act, 1971, there should be willful and deliberate violation of an order of this Court.

8. But, in the present case, there is no violation much less willful and deliberate violation of the order dated 21.11.2006 passed by the erstwhile High Court of Andhra Pradesh in CCCA.MP.Nos.666 and 723 of 2006 in CCCA.No.46 of 1989.

9. Therefore, this Contempt Case is closed.

Miscellaneous applications, if any pending, shall stand closed.

_________________

K. LAKSHMAN, J

13^th JUNE, 2025.

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