Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 14069 (AP)

V. V. Subba Raju, v. Smt. S. Suresh Kumar, IAS,

CC/2149/2024 · 2025-03-25

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010172002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 2149/2024 Between: V. V. Subba Raju, ...PETITIONER AND Smt S Suresh Kumar Ias and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Contemnor(S): 1. SUSHMA YAGANTI 2. RAMA CHANDRA RAO GURRAM ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.C.No.2149 of 2024 This Court made the following ORDER: The present Contempt Case is filed by the petitioner stating that the orders dated 06.01.2023 in W.P.No.13981 of 2018 passed by this Court are not complied with. The orders of this Court are as under: “6. Having regard to the submissions made by learned counsel for the petitioner, learned Government Pleader for Higher Education and learned counsel for the 4th respondent, without going into the merits of the case, the Writ Petition is disposed of permitting the petitioner to submit a copy of the representation dated 09.04.2018 to respondent Nos.3 & 5, who are the competent authorities, and after receipt of such representation, respondent Nos.3 & 5 are directed to consider and dispose of the same, in accordance with law, within a period of two months from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner. There shall be no order as to costs. Pending Contempt Case the respondents passed a speaking order dated 21.10.2024 rejected the claim of the petitioner as under: “14. Further, as per prescribed Rules, after a considerable period of 30 years, that too after withdrawing the aid from the DNR College of Education, Bhimavaram, West Godavari District during the year 2003 itself, approaching this office, with a request to consider his case for absorption into any grant-in-aid post from 1994 is not feasible for consideration. 15. Accordingly, in obedience to the orders of the Hon’ble High Court dated 06.01.2023, the representation of Sri V.V. Subba Raju, dated 09.04.2018 is considered and disposed off as not feasible for consideration.” ::3:: 2. Learned counsel for respondents submits that the orders of this Court are complied with and the petitioner was issued speaking order on 21.10.2024 as directed by this Hon’ble Court. 3. On perusal of the orders of compliance dated 21.10.2024 and orders of this Court, it is observed that there is a delay in compliance of the orders by the Respondents, but while filing the counter-affidavit Respondents tendered their un- conditional apology for the delay in compliance of the orders of this Court. 4. Considering the same this Court inclined to consider the un-conditional apology tendered by the Respondents for the delay in complying the orders of this Court as neither intentional nor wanton. Therefore, in view of the compliance of the orders of this Court, no further orders are required to be passed in the Contempt Case. Moreover, the petitioner herein is failed to prove the guilt or disobedience on the part of the respondents except delay in complying the order. 5. Recording the submission made by learned counsel for the petitioner, the Contempt Case is closed giving liberty to the Petitioner to assail the same by availing alternative remedies in accordance with law. No order as to costs. Consequently, interlocutory applications if any pending, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 25.03.2025 krk ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 70 C.C.No.2149 of 2024 25.03.2025 krk