✦ High Court of India · 11 Apr 2025

The High Court · 2025

Case Details High Court of India · 11 Apr 2025
Court
High Court of India
Decided
11 Apr 2025
Bench
Not available
Length
1,157 words

2. Dasari Srinivasulu, S/o Late Dasari Edanna, aged about 36 years, Occ Agriculture, R/o Near Second Railway Gate and Vishista English Medium School, Ward No.2, Shivakeshava Nagar, Gadwal Town and District.

3. Dasari Ramulu, S/o Late Dasari Edanna, aged about 34 years, Occ Agriculture, Rl/o Near Second Railway Gate and Vishista English Medium School, Ward No.2, Shivakeshava Nagar, Gadwal Town and District.

4. Dasari Kurmanna, S/o Late Dasari Edanna, aged about 36 years, Occ Agriculture, Fl/o Near Second Railway Gate and Vishista English Medium School, Ward No.2, Shivakeshava Nagar, Gadwal Town and District

5. Dasari Hanumantu, S/o Dasari Kurmanna, aged about 46 years, Occ Agriculture, Fl/o Near Second Railway Gate and Vishista English Medium School, Ward No.2, Shivakeshava Nagar, Gadwal Town and District

6. Dasari Shekar, S/o Late Dasari Kurmanna, aged about 44 years, Occ Hostel Warden and Agriculture, Rl/o Near Second Railway Gate and Vishista English Medium School, Ward No.2, Shivakeshava Nagar, Gadwal Town and District AND 1 Sri lvl.Venkateshwarlu, Former District Collector (under the Tenancy and Agricultural Lands Act, 1950) Jogulamba Gadwal District at Gadwal. Rl/o H.No.44-8715, Ram Nagar, Wanaparthy -509 103 ...PETITIONERS/ PETITIONERS ... RESPONDENT/RESPONDENT No.2 2 Sri V.Laxminarayana, Additional Collector, Jogulamba Gadwal District, Gadwal. (Leave granted to file the present CC against R2 as per the Court Orderdtd.30.10.2024in lA No.1 of 2024 inCCNo.2272of 2024). ...PROPOSED RESPONDENT No. 2 :' lA NO: 1 OF 2024 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 to grant leave to the petitioner to implead the proposed respondent no.2 herein as party respondent no.2 in the above contempt case. Counsel for the Petitioners: SRl. POOJARI SRILEKHA Counsel forthe Respondent No. 1: K KIRAN KUMAR Counsel for the Respondent No. 2: Ms. TEKURU SWETCHA, AGP FOR REVENUE The Court made the following: ORDER I o ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN CONTEMPT CASE No.2272 oF 2024 Heard Ms. Srilekha Pujari, learned counsel lor the pctitioner.s, Sri K.Kiran Kumar, learned counsel appearing lor respondent No.l and Ms. Tekuru Swetcha, leamed Asst.Govt.pleader fbr Revenue. appearing for respondent No.2

2. This Contempt Case is filed alleging wiltful and deliberatc disobedience olthe ordcr dated 21.03.2023 passed by rhis Courr in W.P.No.7924 o12023 by the respondents herein.

3. Vide the afbresaid order, this Court directed the 2"d respondent herein to consider the appeal fited by thc petilioners under Section 90 of the Telangana Tenancy and Agricultural Lands Act, 1950 and pass appropriate orders in accordance with larv by putting the pctitioners and the respondents in the said appeal on notice ancl affording them an opportunity for hearing. If the said appeal is in order, respondent No.2 shall dispose of the same in accordance w.ith law and if the same is not in order, he shall retum the same with the objections. If the said appeal is barred by limitation, it is lor respondent No.2 to consider the said aspect, however, respondents in 2 the said appeal are at liberty to take all the objections including limitation and pendency of the suit etc., before respondent No.2.

4. The petitioners filed a copy of the order dated 26.07.2024 of the 1 't respondent and would contcnd that respor-rdent Nos.l to 6 before the 2"d respondent have filed an application under Section 5 of the Limitation Act contending that the said appeal was not filed within the limitation. The said application was not decided. ln the said order, it is stated that thc petitioners hcrein are not disputing the entries of Kasra Pahani 1954-55, cxccpt the sale transaction year mentioned as 1964 in tlre said Kasra Pahani. The order dated 26.07.2024 is not in compliance rvith the order dated 21 .03.2023. Whereas, both the respondents have filed counter contending that in compliancc rvith the ordcr dated 21.0i.2023 in W.P.No. 7924 of 2023, thcy have disposed of the appeal hled by the petitioners. Challenging the sanre. rhe petitioners have fiied Civil Revision Petition vide CRP No. 1233 of 2024. As discussed supra. vide the aforesaid order, dated 21 .03.2023 in W.P.No.7924 of 2023, this Court directed the 2"'1 respondcnt to dispose o1' the appeal fi led by the petitioners iir accordance with law. He has disposed of the said appeal vide order dated 26.07.2024 by consideling the contentions raised by the petitioners in the said order. '.{ J o Therefore, the said order is in compliance with the order dated

21.03.2023 in W.P.No.7924 of 2023 of this Court. ln this contempt case, the conectness of the order dated 26.07.2024 cannot be considered. Scope of the contempt case is very limited. If the petitioners are aggrieved by the said order, they have to challenge it. They have already challenged the said order in the aforesaid CRP.

5. Though the counter was filed on 10.04.2025, the petitioners did not hle any reply/rejoinder adverting to the aforesaid aspects.

6. To punish the contemnor in terms of Section 12 of the Contempt of Courts Act, 1971, there should be willful and deliberate violation of the order.

7. In the light of the same, this Court is of the view that there is no violation, much less willfut and deliberate violation of the order

21.03.2023 passed by this Court in W.P.No.7924 of 2023

8. Therefore, this Contempt Case is closed. However, liberty is granted to the petitioners to raise all the contentions/grounds raised in the present contempt case, in the said revision. As a sequel, the miscellaneous applications, if any, pending in the Contempt Case shall stand closed. Sd/. N. SRIHARI DEPUTY REGISTRAR //TRUE COPY' SECTION OFFICER To, i I 1 Sri M.Venkateshwarlu, Former District Collecto District at Gadwal. Fl/o. H.No.44-87l5, Ram Na r Jogulamba Gadwal gar, Wanaparthy -509 103

2. Sri V.Laxminarayana, Additional Collector, Jogulamba Gadwal District, Gadwal. -.-:-ffir.d // t-

3. One CC to SRl. POOJARI SRILEKHA Advocate [OPUCI 4. One CC to SRl. K KIRAN KUtvlAR Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies RMiPSL / HIGH COURT DATED:1 110412025 \ ORDER CC.No.2272 of 2024 . r tte :i, i'€ a.) o F _) 04 AU$ zffi ( , :iI -lr'rlr,/.-t i. CLOSING THE CONTEMPT CASE WITHOUT COSTS / / /+ 7 /"( f .4.., a !, . .:.':

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