APHCO10254112025 EEELT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE \i,i#±se` ``>€+ 4Q.I, i,`- 4t¢b /I. i *_+_ A .A.+''_,-i +..\J=^`'J:,r=:;±,, PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CONTEMPT CASE NO: 1347 OF 2025 Contempt Case under Sections 10 to 12 of Contempt of Courts Act 1971 Praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to hold the contemners gul-Ity of the contempt of the orders of the Hon'ble Court under sections 10 to 12 of the Contempt of Courts Act and punish the contemnors No. 1 for gross violation of the orders of the Hon'ble Court dated 06-05-2024 in W.P.No.10728 of 2024 Between : Gundepalli Srinivasa Rao, Rao S/o Anjineyulu, aged about 54 years, R/o D.No 81820/2, Sai Apartments, Opp ChI'nta Vari Veedhi, Balajiraopeta Tenali Nelapadu , Guntur ...Petitioner AND 1. Dr G Vani Mohan, Principal Secretary for the AP Endowments Department, Secretariat Buildings, Velagapudi., Amaravati Guntur District 2. K Ramachandra Mohan, The commissioner of Endowments Government of Andhra Pradesh, GoIIapudi Vijayawada, 521225 3. M Jaswantha Rao, Commissioner Tenali Municipality , Tenali Guntur District. i,_`,S 4. UDA Colony Welfare Associat'lOn, Town Survey No 2/3 Block No 1 ward No 1, ChenchuPet, Tenali 5. Tummala Satyanarayana, President, Sri Venkateswara Swamy Devalaya Nirmana Committee, L[GB193 UDA Colony, Chenchupet Tenali Guntur District 522202 6. D Uma Maheshwara Rao, Secretary, Sri Venkateswara Swamy Devalaya Nirmana Committee, MIGB74 UDA Colony, Chenchupet Tenali Guntur District, 522202 ...Respondents lANO: 1 OF 2025 petition under section 151 CPC praying that in the Circumstances Stated in the affidavit filed 'In Support Of the Pet'It'lOn, the High Court may be Pleased tO d'lrect The Respondents tO Submit entire record Of the Accounts Of respondent No.6..i.e Sri Venkateswara Swamy Devalaya Nirmana Committee. counsel for the petitioner: Dr. Sireesh Anumula counsel for the Respondent Mos.1,2 : Sri Nagaraju Naguru counsel for the Respondent No.3 : Sri Sireesha Rani Vallabhaneni, standing counsel For Municipalities counsel for the Respondent Mos. 5 & 6 : Sri V V N Narasimham The Court made the following Order: APHCO10254112025 \ lN THE HIGH COURT OF ANDHRA PRADESH I AT AMARAVATI (special original Jurisdiction) [3330] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO CONTEMPT CASE NO: 1347/2025 Between : 1.GUNDEPALLI SRINIVASA RAO, RAO S/O ANJINEYULU AGED ABOUT 54 YEARS R/O DNO 81820/2 SAI APAIRTMENTS OPP CHINTA VARI VEEDHI BALAJIRAOPETA TENALI NELAPADU GUNTUR ...PETITIONER AND 1.DR G VANI MOHAN, PRINCIPAL SECRETARY FOR THE CAP ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR DISTRICT 2.K RAMACHANDRA MOHAN, THE COMMISSIONER OF ENDOWMENTS GOVERNMENT OF ANDHRA PRADESH GOLLAPUDI VIJAYAWADA521225 3.M JASWANTHA RAO, COMMISSIONER TENALI MUNICIPALITY TENALI GUNTUR DISTRICT. 4.UDA COLONY WELFARE ASSOCIATION, TOWN SURVEY NO 2/3 BLOCK NO I WARD NO I CHENCHUPET TENALl 5.TUMMALA SATYANARAYANA, PRESIDENT SRI VENKATESWARA SWAMY DEVALAYA NIRMANA COMMITTEE LIGB193 UDA COLONY CHENCHUPET TENALI GUNTUR DISTRICT522202 6.D UMA MAHESHWARA RAO, SECRETARY SRI VENKATESWARA SWAMY DEVALAYA NIRMANA COMMITTEE MIGB74 UDA COLONY I CHENCHUPET TENALI GUNTUR DISTRICT522202 ...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 H-lgh Court may be pleased to may be pleased to hold I.he contemners guilty of the contempt of the orders of the Honble Court under sections 10 to 12 of the Contempt of Courts Act and punish the contemnors No. 1 for gross violation of the orders of the Honble Court dated 06-05-2024in W.P.No.10728 of 2024 IANO: 1 OF2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct The Respondents to Submit entilre record; of the Accounts of respondent No.6..i.e Sri Venkateswara Swamy Devalaya Nirmana Committee And pass Counsel for the Petitioner: 1.DR. SIREESH ANUMULA Counsel for the Contemnor(S): 1. NAGARAJU NAGURU 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.V V N NARASIMHAM '=**an± The Court made the followin order: This Court by an order dated o6.05.2024, directed the respondents to Produce the record of Accounts pertainI-ng tO respondent No.6, on the next date of hearing. For non-compliance of the said direction, the present contempt case is filed. 2. It is known fact that to punish a contemnor a wilful disobedience of the order or direction js essential under Section 2(b) Contempt of courts Act,1971 (hereinafter for short referred to as 'the Actj), whl-ch is extracted hereunder: ''civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given fo a court.JJ 3. Besides this, it would also be incorrect to overlook or ignore an important statutory ingredjen{ of contempt of a civil nature, given out under section 2 (b) of the Act, namely, that the disobedience of the order alleged to be in contempt has to satisfy the test of wilful disobedience. 4. In Ahmac/A/,-Vs. Sapdf., D,-sfr,-cf Ja,-/,1 the HonJble Apex Court held that mere unintentional disobedience is not enough to hold anyone guilty of contempt and although, disobedience might have been established, absence of wilful dI'SObedience on the.part of the con±emnor, will not hold him gul'lty unless the contempt involves a degree of fault or misconduct. 5. The Honlble Apex Court `ln Ram Kishan Vs. Tarun Bajaj and others2, held that the word "wjlfu'" introduces a mental element and hence, requires 1AiFi 1987 SC 1491 •. . rty2.2_.g14 (16) SCC 204 :1f£# looking into the mind of a person/contemnor by gauging his actions, which is an indication of one's state of mind. According to the Court, the term "wilful" implies an act that is knowingly, intentional, conscious, calculated and deliberate, carried out with full knowledge of consequences flowing there from. It excludes acts that are casual, accI-dental, bonafide, unintentional or genuine inability. Wilful act is to be distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. 6. Contempt is a matter between the Court and the alleged contemnor. After furnishing such information, the petitioner may still assist the Court. However, it must always be borne in mind that in a contempt proceeding there are only two parties, namely, the Court and the contemnor. The petitioner should not be unaware {ha{ no substantial, much less positive, directions were given in favour of the petitioner herein, to justify the initiation of contempt proceedings in the present case. 7. This Court only directed the respondents to produce the record of Accounts pertaining to respondent No.6 in the writ petition. Mere direction to the respondents to produce the record, in the opinion of the Court, does not amount to violation of the order or willful disobedience as contemplated under section 2(b) of the Act. 8. This Court indicated the learned counsel for the petitioner that the contempt case should be withdrawn, as no contempt was found in the matter. However, the learned counsel for petitioner not only ignorecl the indication but \ \. -=L== also reacted with a vitriolic outbJrst and a frown on his face, which can be descrjbecl as schadenfreude. 9. Therefore, the Contempt Case is dismissed with costs of Rs.50,00O/- (Rupees Fifty Thousand only), payable to the Andhra Pradesh High Court Legal Services Authority within a period of five (o5) weeks from the date of receipt of a copy of this order, failing which the Registry is directed to take appropriate steps to recover the same. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. //TRUE COPY// Sd/- K TATA RAO DEPUTY REGISTRAR sECfide<ER To, 1. The Registrar(JudI'Cial), HI'gh Court ofAndhra Pradesh at Amaravathi 2. The Secretary, Andhra Pradesh High Court Legal Serv,-ces Committee, High Court Buildings, Amaravathi. 3. Gundepalli Srim-vasa Rao, Rao s/o Anjineyulu, aged about 54 years, R/o D.No 81820/2, Sai Apartments, opp chinta vari veedhi, BalaJiraOPeta Tena'i Nelapadu , Guntur 4.- Dr G Vani Mohan, Principal secretary for the AP Endowments Department secretariat Buildings velagapudi Amaravati Guntur District 5. K Ramachandra Mohan, The comml'ssl'oner of Endowments Government of Andhra Pradesh Gollapudi viJ-ayaWada521225 6. M Jaswantha Rae, Commissioner Tenali Municipality Tena'i Guntur District. 7. UDA Colony Welfare Association, Town survey No 2/3 BIock No 1 Ward No 1 Chenchupet Tenaii. 8. Tummala Satyanarayana, President Sri Venkateswara Swamy Devalaya Nirmana Committee LIGB193 UDA Colony Chenchupet Tenali Guntur District, 522202 9. D Uma Maheshwara Rao, Secretary Sri Venkateswara Swamy Devalaya Nirmana Committee MIGB74 UDA Colony Chenchupet Tenali Guntur DistrI'Ct, 522202 10. One CC to Dr. Sireesh Anumula Advocate [OPUC] ll. One CC to Sri. Nagaraju Naguru Advocate [OPUC] 12. One CC to Sri. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities Advocate [OPUC] 13. One CC to Sri. V V N Narasimham Advocate [OPUC] 14. The Section Officer, O.S: Section, High Court ofAndhra Pradesh. 15. Two CD Copies Stu Vna `J_ ~.; ¥:I .+ i. .i€'`x'` I..,'r ¥Ei E:- •\ '*. * r >`\'.:+. -`'' .\ I I I+ -_h •i- ~J. \^c,' . i .I.. j ij!i ..f*S-.-I,- .\\,+ r{.`l_.i+. / HIGH COURT DATED:25/07/2025 ORDER CC NO.1347 OF 2025 DISIVIISSING THE CONTEMPT CASE WITH COSTS