APHC010316602023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 3528/2023 Between: 1. KAKINADA MARINE FISHERMAN MULTI PURPOSE WORKERS CO OPERATIVE SOCIETY LTD.,, REP. BY PRESIDENT SRI V.SATYA NARAYAN SWAMY, S/O.SATTI RAJU, AGED 69 YEARS, R/O. H.NO.48-13-5, GOGU DANAYYAPETA, JAGANNADPURAM, KAKINADA-2. 1. MR AMIT MOHAN PRASAD, THE PRINCIPAL SECRETARY, INFRASTRUCTURE AND INVESTMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. MR P S PRADYUMNA, THE PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS(PORT) DEPARTMENT, SEC BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 3. MR K MURALIDHARAN, THE DIRECTOR, KAKINADA PORT, KAKINADA. EAST GODAVARI DISTRICT, 4. SMT GAYATRI DEVI, THE DEPUTY COMMISSIONER OF LABOUR, GOVERNMENT OF ANDHRA PRADESH, KAKINADA, EAST GODAVARI DISTRICT. 5. SMT SRAVANI KUMARI, THE ASSISTANT DIRECTOR OF FISHERIES AND EX OPERATIVE SOCIETIES(FISHERIES) GOVERNMENT OF ANDHRA PRADESH, KAKINADA, EAST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 3528/2023 KAKINADA MARINE FISHERMAN MULTI PURPOSE WORKERS CO OPERATIVE SOCIETY LTD.,, REP. BY PRESIDENT SRI V.SATYA NARAYAN SWAMY, S/O.SATTI RAJU, AGED 69 YEARS, R/O. 5, GOGU DANAYYAPETA, JAGANNADPURAM, ...PETITIONER AND MR AMIT MOHAN PRASAD, THE PRINCIPAL SECRETARY, INFRASTRUCTURE AND INVESTMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR MR P S PRADYUMNA, THE PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDINGS(PORT) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. MR K MURALIDHARAN, THE DIRECTOR, KAKINADA PORT, KAKINADA. EAST GODAVARI DISTRICT, SMT GAYATRI DEVI, THE DEPUTY COMMISSIONER OF LABOUR, GOVERNMENT OF ANDHRA PRADESH, KAKINADA, EAST ARI DISTRICT. SMT SRAVANI KUMARI, THE ASSISTANT DIRECTOR OF FISHERIES AND EX-OFFICER, DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES(FISHERIES) GOVERNMENT OF ANDHRA PRADESH, KAKINADA, EAST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KAKINADA MARINE FISHERMAN MULTI PURPOSE WORKERS CO- OPERATIVE SOCIETY LTD.,, REP. BY PRESIDENT SRI V.SATYA NARAYAN SWAMY, S/O.SATTI RAJU, AGED 69 YEARS, R/O. 5, GOGU DANAYYAPETA, JAGANNADPURAM, ...PETITIONER MR AMIT MOHAN PRASAD, THE PRINCIPAL SECRETARY, INFRASTRUCTURE AND INVESTMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR MR P S PRADYUMNA, THE PRINCIPAL SECRETARY, TRANSPORT, RETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. MR K MURALIDHARAN, THE DIRECTOR, KAKINADA PORT, SMT GAYATRI DEVI, THE DEPUTY COMMISSIONER OF LABOUR, GOVERNMENT OF ANDHRA PRADESH, KAKINADA, EAST SMT SRAVANI KUMARI, THE ASSISTANT DIRECTOR OF OFFICER, DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES(FISHERIES) GOVERNMENT OF ANDHRA 2 6. PRAVEEN ADITYA, CEO AND DIRECTOR OF KAKINADA PORT SEA SHORE NEAR KUMBABHISHEKAM KAKINADA KAKINADA DISTRICT 533001 R6 IS IMPLEADED AS PER COURT ORDER DATED 06 03 2025 VIDE I A NO 1 OF 2024 IN CC NO 3528 OF 2023 ...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 pleased to punish the respondents herein for violating the Order made by this Hon'ble Court in W.P.No.20072 OF 2014, dt 06.07.2022, (by his Lordship Sri Justice Ravi Cheemalapati), under Section 10 and 12 of Contempt of Courts Act and also under Article 215 of the Constitution of India, for willful disobedience, in the interest of Justice and pass IA NO: 1 OF 2024 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 to permit the Petitioner to implead the proposed respondent herein as respondents No.6, in the present C.C.No. 3528 of 2023, in the interest of justice and pass IA NO: 1 OF 2025 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 to dispense with the personal appearance of the Respondent No. 6 on 01.05.2025 as directed by this Hon'ble Court vide other dated 06.03.2025 in the instant case, in the interest of justice and pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Contemnor(S): 1. ASHOK RAM V 2. GINJUPALLI SUBBA RAO 3. Y BALAJI 4. 5. T KUMAR BABU 3 The Court made the following order: This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 06.07.2022 passed by this Court in Writ Petition No.20072 of 2014. 2. Heard Sri G.V.Shivaji, learned counsel for the petitioner, Sri V.Ashok Ram, learned counsel for respondent Nos.2 & 3, Sri Y.Balaji, learned counsel for respondent No.4, Sri T.Kumar Babu, learned counsel for respondent No.5 and Sri G.Subbarao, learned counsel for respondent No.6. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that this Court, vide order dated 06.07.2022, disposed of the Writ Petition No.20072 of 2014 directing the petitioner to make a fresh representation, in consonance with the earlier representation within a period of one week from that day and on receipt of such representation, the respondent authorities are directed to dispose of the representation of the petitioner in accordance with law within a period of four (4) weeks thereafter. He further contended that pursuant to the directions of this Court, the petitioner made a representation dated 12.07.2022, but no action has been taken by the respondents, in spite of lapse of 11 months, which shows the negligence and willful disobedience on the part of the respondents. Hence, they are liable to be punished under Sections 10 to 12 of the Contempt of Courts Act. 4 4. In reply, learned counsel for respondents, while reiterating the contents of their respective counter affidavits, contended that the representation submitted by the petitioner to the Principal Secretary, Infrastructure & Investment Department and copy marked to the Chief Executive Officer, Andhra Pradesh Maritime Board, was forwarded to the Port Officer, Kakinada for taking necessary action, on 12.07.2022. The Port Officer was directed to examine the matter in coordination with the M/s Kakinada Sea Ports Limited, Kakinada, as the respondents do not possess the authority to grant employment to the petitioner. On 18.08.2022, Kakinada Sea Ports Limited replied that they do not provide employment to any labour for handling and also advised to take up case with Chamber of Commerce/Stevedores Association. On 16.09.2022, the Kakinada Port office addressed a letter to the Chamber of Commerce and on 12.10.2022, the Chamber of Commerce replied to the office that the work arrangements are done by individual companies and neither the port nor the Chamber has any role in allocation of work to different unions. On 15.10.2022, the Kakinada Port office has replied to the RTI application of the petitioner and the same was served on the petitioner. On 18.10.2022, respondent No.4 gave a detailed report to the petitioner stating that they are not empowered to provide employment to the unions lawfully. They further submitted that the petitioner suppressed the real facts and filed the contempt case. The respondents have great respect and highest regards towards the orders passed by this Court and the orders have been implemented with utmost care and caution by following the procedure. 5 There is no violation or willful disobedience on their part for implementation of the orders passed by this Court. Hence, they prayed to dismiss the Contempt Case. 5. To the said submissions, learned counsel for the petitioner submitted that the order passed by the respondent authorities was not in true spirit and they have rejected the case of the petitioner without assigning any reasons. 6. This Court vide order dated 06.07.2022 disposed of the Writ Petition No.20072 of 2014. The operative portion of the said order is as follows: “Taking into consideration the facts and circumstances of the case and material available on record and with the consent of both the learned counsel, the Writ Petition is disposed of directing the petitioner to make a fresh representation, if he so desires, in consonance with the earlier representation within a period of one (01) week from today. On receipt of such representation, the respondents are directed to dispose of the petitioners’ representations within a period of four (4) weeks thereafter in accordance with law and communicate the same to the petitioner.” 7. Perusal of the record would show that the petitioner made a fresh representation dated 12.07.2022 to the respondent authorities by enclosing the copy of the order of this Court. Perusal of the reply affidavits of the respondents show that respondent authorities have passed order on the petitioner’s representation and communicated the same to the petitioner. It is the contention of the petitioner that the order passed by the respondents was 6 not in true spirit and they have rejected the case of the petitioner without any reasons. The contempt jurisdiction is summary in nature and this Court, under Contempt of Courts Act, shall only adjudicate upon the fact whether there is a willful disobedience of any judgment/order passed by the Court or not. 8. In view of the above, since the respondent authorities have passed orders on the petitioner’s representation, there is no contempt as alleged by the petitioner, as such, it is liable to be closed. 9. Accordingly, the Contempt Case is closed. However, the petitioner has any grievance regarding the orders passed by respondent authorities, it can agitate before appropriate forum for redressal of its grievance, in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 10.07.2025 MP 7 227 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO:3528 of 2023 Date: 10.07.2025 8 MP