THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

CONTEMPT CASE NO.947 OF 2021 

ORDER

This contempt case is filed under Sections 10 to 12 of  Contempt of Courts Act, 1971, by the petitioners, for willful  disobedience of the order passed by the High Court in W.P.No.8598  of 2014 dated 21.03.2014. 

The petitioners filed W.P.No.8598 of 2014 to issue writ of  mandamus declaring the action of the Respondents in taking steps  to dispossess the petitioners from the land in Sy.No.29/1 of  Thunglam Village, Gajuwaka Mandal, Visakhapatnam District as  illegal, arbitrary and it is in violation of Principles of natural justice  and consequently direct the respondents not to dispossess the  petitioners from the land in Sy.No.29/1 of Thunglam Village, 

Gajuwaka Mandal, Visakhapatnam District without following due  procedure under law. 

Upon hearing argument of both the counsel, the High Court  issued the following direction during pendency of writ petition: 

“Notice before admission returnable in four weeks. 

The learned Standing Counsel appearing for Rashtriya  

Ispath Nigam Limited submits that the land in Survey  

No.29/1 is away by 10 meters from the boundary wall and  

this land was never acquired for the purpose of Steel Plant  

and there is no intention to acquire also. 

There shall be interim direction to the respondents not to  

dispossess the petitioners from the land to an extent of  

Ac.5-42 cents in Survey No.29/1, situated at Thunglam  

Village, Gajuwaka Mandal, Visakhapatnam District. 

Post after four (4) weeks.” 

After the above interim order is passed in W.P.No.8598 of  2014 dated 21.03.2014, the respondents intentionally came to the  petitioners land with J.C.B. Machines on 13.06.2021 at about 5.45 

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a.m and started demolishing the compound wall forcibly though  they had knowledge that the interim order was passed on  21.03.2014. The respondents intentionally made an attempt to  demolish the buildings of these petitioners and demolished part of  the compound wall in violation of the orders passed by this Court.  To establish demolition, the petitioners placed on record positive  photographs taken at the time of demolition of compound wall and  interference with possession and enjoyment, despite the direction  issued by this Court. The photographs would clinchingly establish  the intentional and deliberate violation of the orders passed by the  High Court. The news item published in the newspaper is also  placed on record to establish that the demolition of part of the  building, despite the interim order of the High Court in  W.P.No.8598 of 2014 dated 21.03.2014. 

It is contended that, prior to demolition, during subsistence  of the interim order in W.P.No.8598 of 2014 dated 21.03.2014, no  notice was issued to these petitioners proposing to take action for  demolition of the compound wall and no intimation was also given  to these petitioners. The respondents have gone to the extent of  directing the electricity authorities to disconnect the power supply  to the premises and accordingly, the authorities disconnected the  power supply, on 13.06.2021 without any intimation. It is  contended that, Respondent Nos.6 & 7 personally supervised the  demolition and in the said demolition, valuable goods stored in the  premises were lost. Respondent Nos. 6 & 7 proclaimed that, it is a  government property without any notice or determination by  following procedure established under law in high-handed manner  at the instance of land grabbers initiated the above action of 

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demolition in violation of the orders passed by the High Court.  After demolishing the compound wall, Respondent Nos. 6 & 7  insisted the petitioners to sell the property to the persons indicated  by them, which itself is sufficient to establish that the respondents  intentionally at the instance of third parties demolished the  compound wall of these petitioners in violation of the interim order  in W.P.No.8598 of 2014 dated 21.03.2014. Thus, the respondents/ 

contemnors violated the order of this Court intentionally and  deliberately without any respect of the order of this Court and  requested to take appropriate action against these  respondents/contemnors. 

Respondent No.4 filed counter affidavit denying material  allegations, inter alia, contending that, the subject land in  Sy.No.29/1 is not in possession of APIIC. The High Court issued  interim direction not to dispossess the petitioners from the land of  an extent of Ac.5-42 cents in Sy.No.29/1 situated at Thunglam  Village, Gajuwaka Mandal, Visakhapatnam. While the matter stood  thus, the Revenue Department along with Railway Department has  demolished the unauthorized constructions in Thunglam Village  and erected caution boards stating that the land is Government  Land which is not belonging to APIIC and APIIC officials have not  participated in the entire eviction process. It is contended that the  subject land belongs to Railways/Revenue Department and further  the Zonal Manager, APIIC, Regular Zone was not present in the  eviction process. Hence, issue of notices to the petitioner by APIIC  does not arise, as the subject land does not belong to APIIC. It is  contended that the land originally belongs to Railway Department.  Copy of the photographs filed along with the counter affidavit 

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would show the boundary stones of Railway Department and  caution boards erected by the Revenue Department. Further, the  petitioner has made APIIC as Respondent No.4 without any  knowledge, since the land is lying adjacent to the land claimed by  the petitioner. Hence, issuing prior intimation/notice to the  petitioners by APIIC does not arise, as the subject land in  Sy.No.29/1 does not belong to APIIC and the Revenue/Railway  Department alone are competent to take action on the subject land  with regard to encroachers of the land, as APIIC is not a party to  the eviction process. Even otherwise, Respondent Nos. 4 & 5  ascertained that the land does not belonging to APIIC, but  Respondent Nos. 4 & 5 are arrayed as parties to the writ petition,  though Respondent No.4 has no intention to demolish nor  participated in the process of demolition and requested to close the  contempt case against Respondent No.4. 

Respondent No.6 – Joint Collector (RB&R), Visakhapatnam  filed separate counter affidavit, denying material allegations, while  admitting that he is acquainted with the facts of the case.  Respondent No.6 admitted about filing of writ petition against the  respondents in W.P.No.8598 of 2014 before the High Court of  Andhra Pradesh against (1) Rashtriya Ispath Nigam Limited,  represented by its Chairman and Managing Director,  Visakhapatnam, (2) The South Eastern Railways, represented by  its Divisional Manager, Dondaparthy Road, Visakhapatnam (3) The  Senior Section Engineer Works, South Eastern Railways,  Vadlapudi, Thugnlam Village, Gajuwaka Mandal, Visakhapatnam  District (4) A.P. Industrial Infrastructure Corporation rep. by its  Zonal Manager, Old Industrial Estate, Muralinagar, 

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Visakhapatnam (5) The Zonal Commissioner, APIIC, Auto Nagar,  Gajuwaka, Visakhapatnam (6) The Special Deputy Collector, Land  Acquisition, Steel Plant, Visakhapatnam (7) The Tahsildar,  Gajuwaka Mandal, Visakhapatnam. The High Court passed an  interim order in WPMP No.10746 of 2014 in W.P.No.8598 of 2014  on 21.03.2014 which reads as follows: 

“…There shall be an interim direction to the respondents not to  dispossess the petitioners from the land to an extent of  Ac.5-42 cts in Sy.No.29/1 situated at Thunglam Village,  Gajuwaka Mandal of Visakhapatnam District.” 

Respondent No.6 further submitted that he is not a party to  W.P.No.8598 of 2014 or WPMP No.10746 of 2014 dated  21.03.2014. Respondent No.6 is the Special Deputy Collector (Land  Acquisition) Steel Plant, Visakhapatnam, whereas, the description  of Respondent No.6 in the affidavit under reply in the contempt  case is M. Venugopal Reddy, Special Deputy Collector (Land  Acquisition)-cum-Revenue Divisional Officer, Steel Plant,  Visakhapatnam and that he never worked in Visakhapatnam in  any capacity in 2014 when the writ petition was filed. Secondly,  having served as Joint Collector, West Godavari District from  10.05.2018 to 14.12.2019, Respondent No.6 came to  Visakhapatnam in the rank of Joint Collector (VG) with effect from  15.12.201 and now the nomenclature of the post is Joint Collector  (RB&R). Apart from the post of Joint Collector, Respondent No.6  held additional charges viz (i) Person-in-charge for District  Cooperative Central Bank from 13.02.2021 to 29.07.2021 (ii)  Person-in-charge for District Cooperative Marketing Society from  13.02.2021 to 29.07.2021 (iii) Person-in-charge for the Etikoppaka  Cooperative Agricultural & Industrial Society Limited 

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(iii) V.V. Ramana Cooperative Sugars Limited, Anakapalli (v)  Thandava Cooperative Sugars Limited and (vi) Person-in-charge for  Cooperative Central Stores Limited (Super Bazar) Visakhapatnam.  Other than the above said posts, Respondent No.6 did not hold any  other post or charge, much less the post of Revenue Divisional  Officer and that the post of Revenue Divisional Officer is different  and distinct post. It is submitted that, as a Joint Collector,  Respondent No.6 is senior to Special Deputy Collector (Land  Acquisition) as well as to the post of Revenue Divisional Officer and  not concerned with the process of the alleged demolition. In any  view of the mater, he is not a party to the writ petition or  interlocutory application. 

It is contended that, on 13.06.2021, the date of occurrence  of the alleged demolition which is the subject matter of the  contempt case, Respondent No.6 was not concerned with the  property and made false allegations against him. The allegation  that, Respondent No.6 along with Respondent No.7 the petitioners  to sell the property to the persons indicated by them are false and  concocted and irresponsible allegations and that, on 13.06.2021  i.e. Sunday, Respondent No.6 worked in his camp office. It is  contended that, Respondent No.6 has got utmost respect to the  orders of this Court and never issued any order directing anyone,  leading to non-compliance or violation of the interim order in  W.P.No.8598 of 2014 dated 21.03.2014. 

The allegation that, Respondent No.6 willfully and  deliberately violated the order of this Court is without any basis.  However, he tendered unconditional apology in the event of  passing an order, finding Respondent No.6 guilty for contempt of 

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Court and finally requested to dismiss the contempt case against  him. 

Respondent No.7 – Tahsidlar, Gajuwaka Mandal,  Visakhapatnam District, filed separate counter affidavit denying  material allegations, while offering unconditional apology, as he is  having highest respect to the orders of this Court. Respondent  No.7 specifically contended that, Thunglam Village of erstwhile  taluk of Visakhapatnam, presently in Gajuwaka Mandal was an  estate Village within the ambit of Vizianagaram Zamin estate,  taken over by the Government under the provisions of A.P. Estates  (Abolition and Conversion into Ryotwari) Act, 1948 and Settlement  rates were introduced in the village long back. The total land  covered by Sy.No.29 of Tunglam village is Ac.6-72 cents comprising  of two sub-divisions as 29/1 and 29/2 admeasuring Ac.5-42 cents  and Ac.1-30 cents respectively. As per the settlement record, the  total extent of land measuring Ac.5-42 cents stands classified as  “Inam Dry” under T.D. No.2415. Out of the total extent of Ac.5-42  cents situated in Sy.No.29/1 of Thunglam Village, an extent of  Ac.1-36 cents was acquired for Steel Plant vide Award No.13/81  dated 24.08.1981 by the Special Deputy Collector, Unit-II, Steel  Plant, Visakhapatnam. The acquired extent of Ac.1-36 cents was  denoted as Sy.No.29/1B while the balance un-acquired extent was  initially handed over to Manager (Estes) Steel Plant,  Visakhapatnam and later handed over to Inspector of Works (Con.)  S.E. Railway, Waltair. The petitioners contend that they have  purchased the land under various sale deeds commencing from  30.08.1993 and have never produced any evidence, which imply  that they have no title to the subject land and are occupying the 

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Government property by way of encroachment only. The petitioners  herein have occupied an extent of Ac.0-70 cents out of the  acquired extent of Ac.1-36 cents in Sy.No.29/1B of Thunglam  village by way of raising structures and erecting compound wall  unauthroizedly. The writ petition as well as the contempt case are  only attempts on the part of the petitioners for arm-twisting the  true owners of the land and make an unlawful gain to themselves. 

While the matter stood thus, the physical verification of  Government lands/acquired lands has been taken up for removal  of encroachments in the month of June 2021, during the course of  which, it was found that the petitioners have unauthroizedly  occupied an extent of Ac.0-70 cents out of the acquired extent of  Ac.1-36 cents in Sy.No.29/1B of Thunglam village by way of  raising structures and erecting compound wall. On 13.06.2021,  the unauthorized structures raised by the petitioners in the said  acquired land have been removed.  

It is specifically contended that, out of the total land  acquired admeasuring an extent of Ac.5-42 cents in Sy.No.29/1 of  Thunglam Village, an extent of ac.1-36 cents was acquired by the  Special Deputy Collector, Unit-II, Steel Plant, Visakhapatnam vide  Award No.13/81 dated 24.08.1981. The acquired extent of Ac.1-36  cents was denoted as Sy.No.29/1BN while the balance unacquired  extent of Ac.4-06 cents was denoted as Sy.No.29/1A. The acquired  extent was initially handed over to Steel Plant and later transferred  to S.E. Railways, as such the petitioners herein cannot claim right  over the entire extent of Ac.5-42 cents in Sy.No.29/1 of Thunglam  Village. While filing W.P.No.8598 of 2014, the petitioners herein  have suppressed the factum of acquisition of an extent of Ac.1-36 

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cents in Sy.No.29/1B of Thunglam Village and obtained interim  order dated 21.03.2014 by playing fraud and that he is not aware  about the demolition on 13.06.2021 and the contempt case is  foisted against Respondent No.6 without any basis and requested  to dismiss the contempt case against Respondent No.7. 

During hearing, Sri N. Subba Rao, learned counsel for the  petitioners would contend that, the admission made by  Respondent No.7 in various paragraphs of the counter affidavit  while pleading his absence at the time of demolition is sufficient to  conclude that the compound wall was demolished by the  respondents in the month of June, 2021. The respondents are  aware about the interim direction issued by this Court, despite it,  obviously for reasons best known to them, the respondents got  demolished the compound wall and caused substantial damage to  the property of this petitioner which amounts to contempt, as  defined under Section 2(b) of the Contempt of Courts Act and that  the respondents are liable for punishment as per Section 12 of  Contempt of Courts Act and requested to punish them in  accordance with law. 

Whereas, learned counsel for the respondents denied  intentional or deliberate violation of the interim direction issued by  this Court in W.P.No.8598 of 2014 dated 21.03.2014 and that  Respondent No.5 specifically contended that he is unconcerned  with the property of Ac.1-36 cents acquired by Rashtriya Ispat  Nigam Limited and later, transferred to South Eastern Railway,  which is the owner of the property, hence, APIIC is no way  concerned with the property and question of interference with the  possession and enjoyment of the property in violation of the orders 

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passed by this Court does not arise and requested this Court to  dismiss the contempt case. 

Whereas, Sri P. Subash, learned counsel for Respondent  No.6 and Sri T.V.S. Kumar, learned counsel for Respondent No. 7 contended that, Respondent No.6 is no way concerned with the  subject land and neither Respondent No.6 nor Respondent No.7  were present at the time of alleged demolition of the compound  wall and causing damage to the property of these petitioners and  that the intentional or deliberate violation of the order passed by  the High Court does not arise. In the absence of proof, that  Respondent Nos. 6 & 7 intentionally violated the order to  constitute a civil contempt as defined under Section 2(d) of the  Contempt of Courts Act, contention of the petitioners that  Respondent Nos. 6 & 7 violated the order does not arise and  requested to dismiss the contempt case. 

Considering rival contentions, perusing the material  available on record, the sole point that arises for consideration is: 

“Whether the respondents violated the interim order of  this Court in W.P.No.8598 of 2014 dated 21.03.2014  willfully and deliberately to constitute a civil  contempt. If so, whether the respondents are liable for  punishment under Section 12 under the Contempt of  Courts Act, 1971” 

P O I N T

Before adverting to the facts of the case, I find it apposite to  narrate the legal position for better appreciation of the case and  application of law.

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The Contempt of Court is defined under Section 2(a) as  follows: “contempt of court means, civil contempt or criminal  contempt”, Whereas clause (b) of Section 2 defines Civil Contempt  as “willful disobedience to any judgment, decree, direction, order,  writ or other process of a court or willful breach of an undertaking  given to a court.” 

The Contempt jurisdiction is not conferred on the  Subordinate Courts and it is only conferred on the Court of record,  in view of Article 215 of the Constitution of India. According to it,  the High Court shall be a Court of record and shall have all the  powers of such a Court, including the power to punish for  contempt of itself. The jurisdiction of contempt is independent  jurisdiction of its original nature. Therefore, this Court is  competent to exercise such power to punish a person, who is guilty  of contempt and this jurisdiction is enjoyed by Courts, is only for  the purpose of upholding the jurisdiction of the judicial system  that exists. While exercising this power, the Court must not react  by the emotion, but must act judicially. Contempt proceedings are  intended to ensure compliance of the orders of the Court and strict  adherence of rule of law. Once, the essentials for initiation of  contempt proceedings are satisfied, the Court shall initiate action,  uninfluenced by the nature of direction in a pending lis before the  Court vide judgment in Priya Gupta and others vs. Additional  Secretary, Ministry of Health and Family Welfare and  others1). Contempt jurisdiction enjoyed by the Courts is only for  the purpose of upholding the majesty of judicial system that exists.  While exercising this power, the Courts must not be hyper  

sensitive or swang by emotions, but must act judicially (Vide:    

1JT 2013 (1) SC 27, 2012 (12) SCALE 289

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Chairman, West Bengal Administrative Tribunal vs. SK.  Monobbor Hossain2)

 “Contempt” is disorderly conduct of contemnor causing  serious damage to the institution of justice administration. Such  conduct, with reference to its adverse effects and consequences,  can be discernibly classified into two categories one which has a  transient effect on the system and/or the person concerned and is  likely to wither by the passage of time while the other causes  permanent damage to the institution and administration of Justice  (Vide: Kalyaneshwari vs. Union of India and others3)

Turning to the facts of the present case, this Court passed  an interim order in W.P.No.8598 of 2014 dated 21.03.2014  directing the respondents not to dispossess the petitioners from  the land to an extent of Ac.5-42 cents in Survey No.29/ situated at  Thunglam Village, Gajuwaka Mandal, Visakhapatnam District. The  communication of the order to the respondents by the Court is not  denied by the respondents. The respondents in their counter  affidavits raised a different contention. However, the specific plea  of the Respondent No.4 is that, the land was allotted to railways  which is covered by wild growth, the petitioners occupied the said  land unlawfully and illegally, thereby the respondents/revenue  authorities along with the railway department demolished the  unauthorized construction in Thunglam Village and erected  caution boards stating that “the land is Government Land” which  is not related to APIIC and APIIC officials have not participated in  the eviction process. Therefore, Respondent No.4 is not liable for  

2(2012)3 SCALE 534 

3(2011) 6 SCALE 220

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contempt of court action, as Respondent No.4 is unconcerned with  the subject land in dispute. 

Respondent No.6 – Joint Collector (RB&R), Visakhapatnam,  though raised several contentions that Respondent No.6 is not a  party to W.P.No.8598 of 2014 or WPMP No.10746 of 2014, he  worked as the Special Deputy Collector, Land Acquisition, Steel  Plant, Visakhapatnam. Whereas, in the cause title of the contempt  case, name and designation of Respondent No.6 is described as  “M. Venugopal Reddy, Special Deputy Collector (Land Acquisition)- 

cum-Revenue Divisional Officer, Visakhapatnam Steel Plant,  Visakhapatnam and that he never worked in Visakhapatnam in  any capacity in 2014 when the writ petition was filed and he was  working as Joint Collector, West Godavari District from 10.05.2018  to 14.12.2019 and presently the petitioner is working as Joint  Collector (RB&R). Apart from the post of Joint Collector,  Respondent No.6 held additional charges viz (i) Person-in-charge  for District Cooperative Central Bank from 13.02.2021 to  29.07.2021 (ii) Person-in-charge for District Cooperative Marketing  Society from 13.02.2021 to 29.07.2021 (iii) Person-in-charge for  the Etikoppaka Cooperative Agricultural & Industrial Society  Limited (iii) V.V. Ramana Cooperative Sugars Limited, Anakapalli  (v) Thandava Cooperative Sugars Limited and (vi) Person-in-charge  for Cooperative Central Stores Limited (Super Bazar)  Visakhapatnam. 

It is contended that, Respondent No.6 was not the Joint  Collector as on the date of alleged demolition of the compound  wall, causing damage to the property of these petitioners. Since the  incident of demolition allegedly took place on 13.06.2021, as 

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alleged in Paragraph No.4 of the affidavit filed along with the  contempt case, as such, Respondent No.6 was not the Special  Deputy Collector (Land Acquisition), as on the date of incident,  thereby, he is unconcerned with the alleged violation of the order  dated 21.03.2014. 

As discussed above, Respondent Nos. 4, 5 & 6 are  unconcerned with the alleged demolition, as it is an undisputed  fact that the land does not belong to APIIC and the officials of  APIIC are unconcerned. Therefore, Respondent Nos.4 & 5 have  nothing to do with the alleged violation of the order dated  21.03.2016. Similarly, Respondent No.6 who was working at a  different place in different capacity is also unconcerned with the  alleged violation of the interim order passed by this Court in  W.P.No.8598 dated 21.03.2016. Therefore, contempt proceedings  against Respondent Nos.4,5 & 6 for their no fault is impermissible  under law, as they did not violate the order passed by this Court,  since Respondent No.6 was working at different place and  Respondent Nos. 4 & 5 have nothing to do with the petitioners  property, as the property was attached to railways. 

Respondent No.7 – Tahsildar, Gajuwaka Mandal,  Visakhapatnam District, narrated several facts about allotment of  land, while admitting in Paragraph No.6 of the follows: 

“While so, the physical verification of  

government lands/acquired lands has been  

taken up for removal of encroachments therein  

in the month of June, 2021, during the course of  

which it was found that the petitioners have  

unauthroizedly occupied an extent of Ac.0-70 cents  

from out of the acquired extent of Ac.1-36 cents in  

Sy.No.29/1B of Thunglam Village by way of raising  

structures and erecting compound wall. On  

13.06.2021 the unauthorized structures raised  

by the petitioners there in the said acquired  

land have been removed.”

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Thus, Respondent No.7 – Tahsildar admitted that, the  compound wall was demolished on the pretext that these  petitioners have encroached the government land. It is further  contended that, out of the total extent of acquired land of Ac.5-42  cents in Sy.No.29/1 of Thunglam Village, an extent of Ac.1-36  cents was acquired by the Special Deputy Collector, Unit-II, Steel  Plant, Visakhapatnam vide Award No.13/81 dated 24.08..1981.  The acquired land of Ac.1-36 cents was denoted as Sy.No.29/B  while the balance unacquired extent of Ac.4-06 cents was denoted  as Sy.No.29/1A. The acquired extent was initially handed over to  Steel Plant and later transferred to S.E. Railways. As such the  petitioners cannot claim right over the extent of Ac.5-42 cents in  Sy.No.29/1 of Thunglam Village. Thus, Respondent No.7 admitted  in Paragraph No.6 of the counter affidavit, in clear terms about  demolition of the compound wall on the pretext that the petitioners  are encroachers. When once the petitioners are in possession and  enjoyment of the property as encroachers, the procedure  prescribed under the provisions of Andhra Pradesh Land  Encroachment Act, 1905, should be followed to remove such  unauthorized occupation or encroachments. Instead of following  the procedure prescribed under the Andhra Pradesh Land  Encroachment Act, 1905, for the reasons best known to  Respondent No.7 – Tahsildar, on the pretext that the land belongs  to the Government even without adhering to the procedure  prescribed under the Andhra Pradesh Land Encroachment Act,  1905, despite the interim direction issued by this Court,  demolished the compound wall to remove the encroachment from  the government land. Such an act would clearly fall within Section 2(b) of the Contempt of Courts Act, 1971 i.e. „Civil Contempt‟, 

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which means willful disobedience to any judgment, decree,  direction, order, writ or other process of a court or willful breach of  an undertaking given to a court. 

In the present facts of the case, Respondent No.7 – Tahsildar  with scant respect to the order passed by this Court dated  21.03.2014, demolished the compound wall on 13.06.2021 with a  view to remove the alleged encroachments. The admission made in  Paragraph No.6 of the counter affidavit filed by Respondent no.7 is  suffice to hold that, Respondent No.7 – Tahsildar violated or  disobeyed the order of this Court willfully, knowing the ill 

consequences that flow from such violation i.e. conscious violation  of the order of this Court dated 21.03.2014, which amounts to  violation of Rule of Law. Therefore, the act of Respondent No.7 – Tahsildar by his disorderly conduct caused serious damage to the  institution of justice administration. Such conduct, with reference  to its adverse effects and consequences, can be discernibly  classified into two categories one which has a transient effect on  the system and/or the person concerned and is likely to wither  away by the passage of time while the other causes permanent  damage to the institution and administration of justice. (vide  Kalyaneshwari vs. Union of India4

When once an order is passed, it is the duty of the  authorities to implement the same without giving any  interpretation and if the order is contrary to law, they are at liberty  file appropriate appeal before the appellate authority. But, without  preferring an appeal, the respondent/contemnor cannot interpret  the order and give different meaning to the order passed by the  

4(2011) 6 SCALE 220

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Court, which is sought to be implemented, as directed by this  Court and such act of the respondent/contemnor is illegal in view  of the law declared by the Hon‟ble Apex Court in Commissioner,  Karnataka Housing Board vs. C. Muddaiah5, wherein, it is held  as follows: 

31. We are of the considered opinion that once a direction is  issued by a competent Court, it has to be obeyed and  implemented without any reservation. If an order passed by a  Court of Law is not complied with or is ignored, there will be an  end of Rule of Law. If a party against whom such order is made  has grievance, the only remedy available to him is to challenge  the order by taking appropriate proceedings known to law. But  it cannot be made ineffective by not complying with the  directions on a specious plea that no such directions could have  been issued by the Court. In our judgment, upholding of such  argument would result in chaos and confusion and would  seriously affect and impair administration of justice. The  argument of the Board, therefore, has no force and must be  rejected. 

32. The matter can be looked at from another angle also. It is  true that while granting a relief in favour of a party, the Court  must consider the relevant provisions of law and issue  appropriate directions keeping in view such provisions. There  may, however, be cases where on the facts and in the  circumstances, the Court may issue necessary directions in the  larger interest of justice keeping in view the principles of justice,  equity and good conscience. Take a case, where ex facie  injustice has been meted out to an employee. In spite of the fact  that he is entitled to certain benefits, they had not been given to  him. His representations have been illegally and unjustifiably  turned down. He finally approaches a Court of Law. The Court  is convinced that gross injustice has been done to him and he  was wrongfully, unfairly and with oblique motive deprived of  those benefits. The Court, in the circumstances, directs the  Authority to extend all benefits which he would have obtained  had he not been illegally deprived of them. Is it open to the  Authorities in such case to urge that as he has not worked (but  held to be illegally deprived), he would not be granted the  benefits? Upholding of such plea would amount to allowing a  party to take undue advantage of his own wrong. It would  perpetrate injustice rather than doing justice to the person  wronged. We are conscious and mindful that even in absence of  statutory provision, normal rule is ‘no work no pay’. In  appropriate cases, however, a Court of Law may, nay must,  take into account all the facts in their entirety and pass an  appropriate order in consonance with law. The Court, in a given  case, may hold that the person was willing to work but was  illegally and unlawfully not allowed to do so. The Court may in  the circumstances, direct the Authority to grant him all benefits  considering ‘as if he had worked’. It, therefore, cannot be  contended as an absolute proposition of law that no direction of  payment of consequential benefits can be granted by a Court of  Law and if such directions are issued by a Court, the Authority  can ignore them even if they had been finally confirmed by the  Apex Court of the country (as has been done in the present  case). The bald contention of the appellant-Board, therefore, has  no substance and must be rejected. 

5(2007) 7 SCC 689

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The same view is expressed by the Hon‟ble Apex Court in  Prithawi Nath Ram vs. State of Jharkhand and others6, where  the Court held that, while dealing with an application for  contempt, the Court is really concerned with the question whether  the earlier decision which has received its finality had been  complied with or not. It would not be permissible for a Court to  examine the correctness of the earlier decision which had not been  assailed and to take the view different than what was taken in the  earlier decision If any party concerned is aggrieved by the order  which in its opinion is wrong or against rules or its implementation  is neither practicable nor feasible, it should always either approach  to the Court that passed the order or invoke jurisdiction of the  Appellate Court. Rightness or wrongness of the order cannot be  urged in contempt proceedings. Right or wrong the order has to be  obeyed. Flouting an order of the Court would render the party  liable for contempt. While dealing with an application for contempt  the Court cannot traverse beyond the order, non-compliance of  which is alleged. In other words, it cannot say what should not  have been done or what should have been done. It cannot traverse  beyond the order. It cannot test correctness or otherwise of the  order or give additional direction or delete any direction. That  would be exercising review jurisdiction while dealing with an  application for initiation of contempt proceedings. The same would  be impermissible and indefensible. 

In The State of Bihar vs. Rani Sonabati Kumari7, the  Hon‟ble Supreme Court while dealing with violation of order passed  

6(2004) 7 SCC 261 

7 AIR 1961 SCC 221

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under Order XXXIX Rules 1 & 2 of Civil Procedure Court, held  that, a party proceeded against Order XXXIX Rule 2(3) of C.P.C for  disobedience of an order of injunction cannot be held to have  willfully disobeyed the order provided two conditions are satisfied  viz., (1) that the order was ambiguous and was reasonably capable  of more than one interpretation (2) that the party being proceeded  against in fact did not intend to disobey the order, but conducted  himself in accordance with his interpretation of the order. The  question whether a party has understood an order in a particular  manner and has conducted himself in accordance with such a  construction is primarily one of-fact, and where the materials  before the Court do not support such a state of affairs, the Court  cannot attribute an innocent intention based on presumptions, for  the only reason, that ingenuity of Counsel can discover  equivocation in the order which is the subject of enforcement. Though undoubtedly proceedings under Order XXXIX Rule 2(3) of  C.P.C have a punitive aspect – as is evident from the contemnor  being liable to be ordered to be detained in civil prison, they are in  substance designed to effect the enforcement of or to execute the  order. This is clearly brought out by their identity with the  procedure prescribed by Order XXI Rule 32 of C.P.C for execution  of a decree for permanent injunction. No doubt the State  Government not being a natural person could not be ordered to be  detained in civil prison, On the analogy of Corporations; for which  special provision is made in Order XXXIX Rule V C.P.C, but  beyond that, both when a decree for a permanent injunction is  executed and when an order of temporary injunction is enforced  the liability of the State Government to be proceeded against  appears to us clear.

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Applying the principle laid down by the Hon‟ble Supreme  Court to the present facts of the case, this Court can safely  conclude that, Respondent No.7 – Tahsildar, in utter disobedience  of the order passed by this Court dated 21.03.2014, consciously  violated the order and demolished the compound wall on the  pretext of removal of encroachments, despite subsistence of order  passed by this Court. Such conduct would not only impede the  rule of law, but also cause serious damage to the judicial  institution and judicial administration. Therefore, such conduct of  Respondent No.7 cannot be encouraged by this Court, taking  lenient view against such person who caused serious damage to  the judicial institution itself.  

As discussed above, and in view of the findings recorded by  this Court in the above paragraphs, Respondent No.7 – Tahsildar  is liable for punishment as per Section 12 of the Contempt of  Courts Act, 1971, and thereby he is punished sentencing him to  undergo simple imprisonment for a term of six (06) months and to  pay a fine of Rs.2,000/- (Rupees two thousand only). In the event  of failure to pay fine of Rs.2,000/-, Registrar (Judicial) is directed  to send copy of the order to the District Collector, Visakhapatnam  for recovery of amount of fine under the Andhra Pradesh Revenue  Recovery Act, 1864 and by following procedure as per law. 

In the result, contempt case is partly allowed, directing  Respondent No.7 – Tahsildar, Gajuwaka Mandal, Visakhapatnam  District to undergo simple imprisonment for a term of six (06)  months and to pay a fine of Rs.2,000/- (Rupees two thousand  only). In the event of failure to pay fine of Rs.2,000/-, Registrar  (Judicial) is directed to send copy of the order to the District 

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Collector, Visakhapatnam for recovery of amount of fine under the  Andhra Pradesh Revenue Recovery Act, 1864 and by following  procedure as per law. 

Respondent No.7 – Tahsildar, Gajuwaka Mandal,  Visakhapatnam District is directed to appear before the Registrar  (Judicial), High Court of Andhra Pradesh, on 18.04.2022. On his  appearance, the Registrar (Judicial) shall commit him to civil  prison in accordance with the order passed above. 

Consequently, miscellaneous applications pending if any,  shall stand closed. 

_________________________________________ 

JUSTICE M. SATYANARAYANA MURTHY 

Date:13.04.2022 

SP

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