Andhra Pradesh High Court - Amravati
In Re vs Sri. V. Vijaya Rama Raju, on 25 January, 2023
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
CONTEMPT CASE NO.1724 OF 2022
IN
CONTEMPT CASE NO.1917 OF 2021
AND
WRIT PETITION NOs.22346 AND 14638 OF 2021
ORDER:-
1. This Contempt Case has been initiated against the
respondent for not obeying the orders of this Court dated
13.04.2022 in W.P.Nos.22346, 14638 and C.C.No.1917 of
2021.
2. The facts of the case are that, W.P.No.14638 of 2021
was filed by Sri K. Ramtullah and W.P.No.22346 of 2021 was
filed by Sri P. Muni Sekhar Reddy and 9 others seeking
directions to construct Gramasachivalayam in the land in
Survey No.14/C, Ayyavaripalli Village, Chapadu Mandal, YSR
Kadapa District. In I.A.No.1 of 2021 in W.P.No.22346 of 2021
by order dated 04.10.2021, the respondent was directed to file
status report before this Court on the next date of hearing, in
view of the rival contentions of the petitioners and
Grampanchayat.
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C.C NO.1724 OF 2022
3. As the status report is not filed, the appearance of the
respondent was ordered by order dated 24.10.2021. After
hearing, interim directions were passed on 01.11.2021 and
the appearance of the respondent herein was dispensed with.
4. After completion of pleadings and arguments and after
reserving the matter for judgment on 23.12.2021, at this
juncture, the petitioner in W.P.No.14638 of 2021 filed (for
being mentioned) petition stating that, Ac.0-40 cents of
government land is available in Sy.No.47 of Ananthapuram
Revenue Village of Ayyavaripalli Panchayat and the
respondent mislead the Court. On 29.03.2022, this Court
directed the respondent herein to file an affidavit to clarify his
statement in his affidavit, wherein it is stated that no
government land is available in Ayyavaripalli Village.
5. Accordingly, the respondent filed an affidavit on
31.03.2022. In the said affidavit also, there are certain
contradictions. Under these circumstances, on 06.04.2022
again it is ordered for appearance of the respondent. On
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C.C NO.1724 OF 2022
12.04.2022, he filed an affidavit to condone the mistakes in
their affidavit and it is signed by inadvertence and requested
the Court to pardon the mistake.
6. This Court directed the respondent to file an affidavit
with correct particulars by 02.05.2022. The respondent failed
to file an affidavit by 02.05.2022 as directed by this Court.
7. Considering the attitude of the respondent, that the
respondent is taking the Court proceedings in a casual way
and he is not having respect towards the orders of this Court,
directed to initiate the present contempt case.
8. A counter affidavit has been filed by the respondent,
wherein it is stated that he sent a draft affidavit to the learned
Special Government Pleader for approval and it was not
approved by the learned Government Pleader stating that an
offer without the necessary gift deed is not sufficient and
informed to seek some time to get the gift deed. He stated that
in good faith he did not file the affidavit on 02.05.2022 with
an intention to submit a comprehensive counter affidavit in
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C.C NO.1724 OF 2022
the issue from his end and to appraise the Court in complete
and proper form. He further contends that he never intended
to evade the directions of this Court.
9. The respondent tendered his unconditional apology for
not being able to file the affidavit by 02.05.2022, as directed
by this Court. He further contends that as there is vacation to
the High Court from 07.05.2022 to 12.06.2022, he could not
file affidavit subsequently and immediately on the reopening
day, he filed an affidavit. Considering the same, he requested
to close the contempt case.
10. Heard learned Advocate General and learned counsel for
the respondent and perused the record.
11. Considering the facts and circumstances of the case and
as the respondent is tendering unconditional apology for the
delay in filing the affidavit and it appears that his apology is
bonafide, as such, though there is a delay in filing the
affidavit as directed by this Court, taking a lenient view, this
Court intends to close this contempt case.
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C.C NO.1724 OF 2022
12. For the above said reasons, this contempt case is
closed, directing the respondent to be more careful and
cautious, while dealing with the Court cases.
13. Consequently, miscellaneous applications pending if
any shall also stand closed.
_____________________________
JUSTICE BATTU DEVANAND
Date : 25.01.2023
SP
DEV,J
C.C NO.1724 OF 2022
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
CONTEMPT CASE NO.1724 OF 2022
IN
CONTEMPT CASE NO.1917 OF 2021
AND
WRIT PETITION NOs.22346 AND 14638 OF 2021
Date : 25.01.2023
SP
