THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12990 OF 2010 10.06.2010 Between: Malla Venkatamma ….Petitioner AND The Special District Collector (TW), Bhadrachalam, Khammam District, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12990 OF 2010 ORDER: The petitioner is resident of Bhadrachalam town in Khammam District allegedly owning a house site admeasuring 600 square yards in 8th ward (old No.8-1-65). She statedly acquired title to the property under a registered will dated 11.11.1983 executed by her mother late Veeraboina Bullemma. When sixth respondent disputed petitioners’ right, he filed O.S.No.34 of 1998 before the Agent to Government. The same on transfer was tried by a Sub Divisional Magistrate (Mobile Court), Bhadrachalam and in that suit re-numbered as O.S.No.128 of 1998. The said authority passed a decree on 05.11.2003 directing Mandal Revenue Officer to put the petitioner in possession. He filed E.P.No.2 of 2004, in that a direction was issued on 08.01.2004 to deliver possession. In furtherance to which, on 13.01.2004 Mandal Revenue Inspector handed over possession to petitioner under the cover of Panchanama. In the meanwhile, sixth respondent filed appeal being A.S.No.938 of 2004 before the High Court. On 13.09.2004, this Court passed interim orders in C.M.P.Nos.1504 and 7842 of 2004 directing the parties thereto including the petitioner and sixth respondent, to keep away from the subject property, not to alienate nor change the property. The petitioner alleges that on 31.05.2010, fifth respondent instigated sixth respondent. Sixth respondent started illegal constructions raising 10 columns to height of 6 feet without obtaining valid permission from Gram Panchayat, Bhadrachalam. The petitioner then made a representation to respondents 2 to 4 duly bringing to their notice, the order of this Court dated 13.09.2004, in vain. Therefore, the present writ petition is filed. This Court heard counsel for petitioner and Assistant Government Pleader for respondents 1 to 4. Even according to petitioner, the dispute regarding title is subject matter of A.S.No.938 of 2004 filed before the Hon’ble High Court against O.S.No.128 of 1998 on the file of the Sub Divisional Magistrate, Mobile Court, Bhadrachalam. Admittedly, this Court already passed orders restraining the petitioner as well as sixth respondent and others from changing the land use, alienating the property to third parties and to maintain status quo. If the order is violated by sixth respondent, the remedy is to file a contempt case before this Court and ordinarily the petitioner cannot be permitted to avail remedy simultaneously. However, this Court observes that when there is an order passed by highest Court of the State, the appellants have to obey the order and if there is any disobedience, the aggrieved party can always invoke contempt jurisdiction of this Court. Therefore, the petitioner may move appropriate application in that direction. The writ petition is accordingly disposed of with the above observations. _______________ (V.V.S.RAO, J) 10.06.2010 Pln