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2023 DIGILAW 215 (AP)

In Re v. V. Vijaya Rama Raju

2023-01-25

BATTU DEVANAND

body2023
JUDGMENT Battu Devanand, J. - 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. 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 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. 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 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. 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.