IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR AND THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY CONTEMPT CASE No.198 of 2013 BETWEEN Mallam Bazar.
…PETITIONER AND Sri N.V.V. Satyanarayana, Revenue Divisional Officer, Jangareddygudem, West Godavari District.
…RESPONDENT Counsel for the Petitioner: MR. P.R.K. AMARENDAR KUMAR Counsel for the Respondent: GP FOR REVENUE The Court made the following order:
ORDER: (Per Hon’ble Sri Justice Vilas V. Afzulpurkar) This contempt case is filed alleging disobedience of the orders of this Court in WA.No.1171 of 2012 dated 18.09.2012, the operative directions are as follows:
“In the circumstances, we only modify the order passed by the Hon’ble Single Judge and direct respondent No.1 to decide the matter in question immediately within a period of six weeks from the date of communication of this order.”
2. On the last date of hearing, when this contempt case was taken up, it was brought to the notice of this Court by the learned Government Pleader that a civil suit, O.S.No.1 of 2012, is pending before the Special Assistant Agent to Government, Jangareddygudem, filed by one Kalumula Butchanna. We had, therefore, adjourned the contempt case to enable the learned counsel on either side to verify the nature of the suit.
3. Learned counsel for the petitioner counsel has placed before the Court an order passed by this Court in CRP.No.3998 of 2012 dated 22.08.2012, which was filed by the petitioner aggrieved by the
ex parte injunction granted against the petitioner in the said suit.
This Court disposed of the said revision petition directing the Special Assistant Agent to the Government (Revenue Divisional Officer), Jangareddygudem to consider the application filed by the petitioner seeking vacation of the interim injunction on merits and pass appropriate orders within a period of three months. Learned counsel for the petitioner submits that even after lapse of more than two years no orders are passed by the respondent and the interim application as well as the suit remains pending.
4. Since a suit for declaration of title and permanent injunction, as above, is pending before the Special Assistant Agent to the Government (Revenue Divisional Officer), Jangareddygudem, under Section 8 of the A.P. Rights in Land and Pattadar Pass Books Act, the authorities under the Act have to await adjudication in the suit and as such, the direction given by this Court to pass appropriate orders on the application for cancellation of pattadar pass books issued to the contesting respondents/plaintiffs in the said suit, has to await the decision in the said suit. In view of the said subsequent event i.e. pendency of the suit for declaration, therefore, the interest of justice would be served by issuing following directions:
1. The Revenue Divisional Officer/respondent herein, who is also the Special Assistant Agent to the Government, shall comply with the order of this Court in the CRP, referred to above, within one month from the date of receipt of a copy of this order.
2. The respondent shall also take up and decide the suit, O.S.No.1 of 2012 pending on his file as Special Assistant Agent to Government, expeditiously and in any case, before end of December 2014.
3. Consequent upon the orders that would be passed in the said suit, the directions of this Court in WA.No.1171 of 2012 dated 18.09.2012 shall also be complied with within one month thereafter.
With the directions, as above, the contempt case is closed.
The miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J T. SUNIL CHOWDARY, J October 10, 2014 DSK