APHC010123412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 1611/2024 Between: 1. PENUKONDA PARVISH,, S/O. PENUKONDA SHAZAD LATE, AGED ABOUT 52 YEARS, OCC- LYPIST/ASST. DIRECTOR, DWMA, ANANTHAPUR, R/O. D. NO. 1-114-B, ROAD, ANANTHAPUR, ANANTHAPUR DISTRICT, A.P. 2. . PINJARI SHCIRMAS VALI,, S/O. DUDEKULA MASTAN SAB, AGED ABOUT 47 YEARS, OCC- ATTENDER, DWMA, ANANTHAPUR, R/O. 2-35, B C COLONY, HANAKANAHAL GRAMAPANCHAYATH KANEKAL MANDAL, ANANTHAPUR DISTRICT, A.P. ...PETITIONER(S) AND 1. SRI SASHI BHUSHAN KUMAR, THE PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI. 2. SRI SHAMSHER SINGH RAWAT, THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI. 3. SRI K KANNA BABU, THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, P.V.S. ICON, TADEPALLI, GUNTUR DISTRICT. 4. SRI A SLIVA REDDY, THE MEMBER SECRETARY, SOCIETY FOR RURAL DEVELOPMENT SERVICES, OFFICE OF THE COMMISSIONER, RURAL DEVELOPMENT, P.V.S. ICON, TADEPALLI, GUNTUR DISTRICT. 5. SMT GOUTHAMI, THE DISTRICT COLLECTOR-CUM-CHAIRMAN, DISTRICT WATER MANAGEMENT AGENCY, ANANTHAPUR DISTRICT, ANANTHAPUR. 6. SRI N VENUGOPAL REDDY, THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, RAILWAY COLONY, ANANTHAPUR CITY, ANANTHAPURDISTRICT. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to may be pleased to take cognizance of the contempt committed by the Contemnors/Respondents herein and punish them with maximum imprisonment under Section 10 to 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India for utter disobedience and disregard shown to the Final Order passed by the Honble A.P. High Court dated 29.09.2023 in W.P. No. 25034 of 2023 and pass Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Contemnor(S): 1. G RAJU 2. M S R CHANDRA MURTHY The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 1611/2024 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 29.09.2023 passed by this Court in W.P.No.25034 of 2023. 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioners submits that even though this Court issued a direction to the respondents to comply with the orders of this Court dated 29.09.2023, the respondents did not choose to comply with the same. Hence, the contempt case. 4. For considering the violation if any, the operative portion of the orders dated 29.09.2023 passed by this Court in W.P.No.25034 of 2023 is extracted hereunder: “Therefore, in view of the above mentioned reasons, the impugned proceedings dated 24.06.2023 are illegal, irregular and liable to be set aside. In the result, the present writ petition is allowed by setting aside the impugned proceedings dated 24.06.2023. Further, the respondents are at liberty to proceed further against the petitioners by following due procedure in accordance with law. There shall be no order as to costs.” 5. On the other hand, learned counsel for the respondents filed counter affidavit on behalf of respondent No.3 wherein, the relevant portion reads as follows: “4. I humbly submit that after receipt of the inquiry report 4th respondent issued notice dated 07.03.2024 to the petitioner for personal hearing on 15.03.2024 before this respondent. The petitioners filed contempt case on 11.03.2024 after receiving the Notice dated 07.03.2024. Therefore the contempt case is not maintainable. The petitioners herein submitted a request through Project Director, Ananthapuram to postpone the date of Personal hearing due to the reason that the Holy month Ramzan already commenced from 12.03.2024 and they are under Fasting and feeling inconvenient and unable to proceed to O/o the Commissioner, Rural Development, Tadepalli and as per their request this respondent postponed the personal hearing from 15.03.2024 to 16.04.2024. 5. It is submitted that the petitioners herein present before this respondent on 16.04.2024 and based on records and submissions made by petitioners herein this respondent issued Speaking Orders dated 10.06.2024. The said orders were received by the petitioners. This respondent complied the order of the Hon'ble Court and passed the speaking orders. Hence the present contempt is not maintainable. The petitioners herein approached this Hon'ble Court with unclean hands suppressing the above facts. 6. It is submitted that In view of the final orders of this Hon'ble High Court dated 29.09.2023, this respondent issued speaking orders dated 10.06.2024 and as such implemented the orders of the Hon'ble High Court.” 6. Learned counsel for the respondents further submits that the orders of this Court are complied with by issuing a speaking order dated 10.06.2024 after observing principles of natural justice and after providing fair and reasonable opportunity of hearing to the petitioner. He further submits that if the petitioners herein have any grievance against the order regarding the main prayer of the MTS, the petitioners have to initiate separate proceedings in accordance with law. 7. Learned counsel for the petitioners also filed a reply affidavit denying the rejection order for granting MTS which is contrary to the Article 14 of the Constitution of India. He further prays that in respect of the some of the employees who are working under the scheme, were provided MTS from July 2008 to October, 2021. But the petitioner was denied from such benefit. 8. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that while remanding the matter directing the respondents to observe the principles of natural justice and provide fair and reasonable opportunity of hearing to the petitioners while considering the claim of the petitioners for granting MTS on par with the other employees who were granted from July, 2008 to October, 2021 as directed by this Court, the respondent authorities issued notices to the petitioners and the petitioners were provided opportunity of hearing 16.04.2024 and also submitted their written submissions. Finally, the respondents passed a speaking order on 10.06.2024 rejecting the claim of the petitioners for MTS which is not suitable in accordance with the claim. It is further observed that in view of the speaking order passed by the respondents dated 10.06.2024, the orders of this court are complied with as directed. Any grievance of the petitioners can be ventilated by initiating appropriate proceedings against orders dated 10.06.2024 passed by the respondents. 9. Since the respondents passed a speaking order dated 10.06.2024 in compliance of the directions of this Court, no cause survives and no further orders are required to be passed in the present contempt case. 10. Accordingly, the contempt case is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.07.2025 BSP 182 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) Contempt Case No.1611 of 2024 24.07.2025 BSP