Read Time: 07 minutes

Supreme Court bench presided by Justice AM Khanwilkar, while hearing contempt plea moved by State of Orissa against Andhra Pradesh for allegedly roping in parts of their State Territory, adjourned the matter for a period of four weeks.

Senior Counsel Vikas Singh that while the State of Orissa was relying on 2011 census, the alleged contemnors were adhering to self-survey. Time was sought for 4 weeks.

On February 11, State of Orissa approached the Top Court alleging violation of Court’s order dated 02.12.1968 and judgment dated 30.03.2006, by the respondent State on grounds of secretive invasion of the former’s State Territory.

On February 12, the Supreme Court sought response from the State of Andhra Pradesh over the aforementioned contempt petition.

On February 18, State of Andhra Pradesh in its reply submitted, “There is no question of committing a contempt on their part as there was no direction passed by the Court.”

Facts leading to the present dispute

It is the case of the petitioner (State of Orissa) that the contemnor (State of Andhra Pradesh) has wilfully and deliberately violated the order dated 02.12.1968 and the judgment dated 30.03.2006 passed by the Apex Court in State of Orissa v. State of Andhra Pradesh, OS No. 10 of 1968. It was by the said order/judgment that the Court directed to maintain the status quo, as agreed by both the parties and prevent any further ingress or egress on the territories in dispute, on behalf of either party. Petitioner seeks direction against the invasion by the State of AP, with respect to “Kotia Group of villages” belonging to the State of Orissa, which, allegedly has been “roped in” by the contemnor, secretively in violation of the Court’s order.

Cause of Action arose when by order dated 05.03.2020, contemnor issued notifications to conduct local body election in the Viziangaram district. Salur is one of the Mandal where the Panchayat election was also notified. It is averred that the contemnor deliberately roped in three villages falling under the “Kotia Group of villages” of Koraput District, Orissa into Salur Mandal, Vizianagaram District, Andhra Pradesh, renaming; Ganjaipadar as Ganjaibadra, Phattusenary as Pattuchennuru and Phagusenary as Phaguluchennuru.

It is further averred that 21 villages along with the said villages, have been under the Administrative control of the Petitioner State and several development initiatives were undertaken therein from time to time. Population census of 2011 conducted by the local authority has also been placed on record to corroborate the aversion made against administrative access and control.

Furthermore, it is submitted that there has been no impediment whatsoever legally or otherwise in conducting election either to the assembly, parliament or for the local body at any point in time in the said areas and this is for the first time that the elections have been sought in disputed villages by the alleged contemnors.

“Although the notification was issued on 05.03.2020 in this regard by violating the status quo order of this Hon’ble Court but they made it sure that it was kept a deadly secret so that local authority of the petitioner State shall not get to know about it”, petitioner submits substantiating the mala fides of the contemnor.

Case Title: State of Orissa v. Dr. Mude Hari Jawaharlal, IAS & Ors.