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High Court for State of TelanganaCC/859/2015dismissed

Korrapati Venkatadri, v. Sri. P. Janardhana Rao,

2016-02-23S.V.Bhatt5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE TWENTYTHIRD DAY OF FEBRAURY TWO THOUSAND AND SIXTEEN PRESENT HONOURABLE SRI JUSTICE S.V. BHATT Between:

Korrapati Venkatadri & Anr. ... Petitioners Vs.

P. Janardhana Rao Tahsildar, Nellore Rural Mandal, SPSR Nellore district. ... Respondent Counsel for the Petitioners: Sri M. Ravindra Counsel for the Respondent: GP for Assignment The Court made the following: [order follows]

HONOURABLE SRI JUSTICE S.V. BHATT O R D E R :

The contempt case is filed complaining disobedience of the order dated 03/4/2014 in WP.No. 7703 of 2008 and CC.No. 1265 of 2013.

2. On 03/7/2014 notice to respondent was ordered. The respondent filed counter-affidavit.

3. Heard Sri M. Ravindra, learned counsel for the petitioner and Smt. V.Jayanthi for respondent.

4. The learned Government Pleader has drawn my attention to para Nos. 9 and 10 of the counter-affidavit and contended that the declaration of this Court is that the proceedings impugned in the writ petition are issued in violation of the principles of natural justice either the respondent herein or any person claiming through the respondent shall not disturb the proprietory rights of the petitioner. According to her, pursuant to

the disposal of the writ petition the respondent has initiated action under A.P. Assigned Land [POT] Act, 1977 passed orders on 27/8/2014 and in pursuance of the order of resumption passed it is alleged that the possession was handed over on 2/5/2015 to fourth respondent in WP.No. 14328 of 2015 and according to her the averment that there is disobedience of this Court order is incorrect and denied.

5. I have perused the material available on record and noted the submissions of the counsel appearing for the parties. From the stand taken in the counter-affidavit, it is clear that the procedure was followed orders of resumption dated 27/8/2014 were passed under A.P. Assigned Land [POT] Act, 1977, the petitioners have filed WP.No. 14328 of 2015 assailing the legality of the orders dated 27/8/2014 and have obtained orders of statusquo till 30/6/2015. As the orders against which disobedience is complained are already the subject matter in the above writ petition, I am of the view that no case for considering disobedience of the Court order is made out. The contempt case is dismissed. The dismissal of the contempt case, it is made clear does not amount to expressing any view on the pending lis in WP.No. 14328

of 2015. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this contempt case shall stand closed.

​ ___________________ JUSTICE S.V. BHATT 23/02/2016 I s L HONOURABLE SRI JUSTICE S.V. BHATT

Date: 23/02/2016 Circulation No.

Court Master: I s L