::1:: APHC010542642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 5753/2023 Between: K.seshaiah ...PETITIONER AND M Venkata Lakshmaiah and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. P V RAMANA Counsel for the Contemnor(S): 1. K V RAGHU VEER 2. M KARIBASAIAH(SC FOR SRI KRISHNA DEVARAYA UNIVERSITY) ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Contempt Case No.5753 of 2023 This Court made the following ORDER: The present Contempt Case is filed alleging that the Respondents have not complied with the interim orders dated 02.05.2023 in W.P.No.11373 of 2023 of this Court. Learned counsel for the Petitioner submits that the order dated 02.05.2023 was passed in accordance with the judgment rendered by the Hon’ble Apex Court. Even though in the interim order, it was specifically directed the respondent to Pay the Subsistence allowance to the petitioner from the date of removal from service, but the Respondents have not taken any steps. 2. On the other hand, Sri Rama Krishna Pativada, learned counsel for Respondent-University submits that Respondents preferred Writ Appeal No.1016 of 2023 challenging the interim order of this Court dated 02.05.2023, wherein the orders of this Hon’ble Court are modified in respect of payment of period i.e., the Petitioner is entitled for the payment of subsistence allowance from 01.04.2023 onwards contrary to the earlier interim order, under which the subsistence allowance was allowed since 2016. 3. Learned counsel for Respondents submits that in view of the orders of division bench of this Court dated 12.08.2024, the interim orders of this Court dated 02.05.2023 are modified and in view of the modification of the orders of ::3:: this Court which amounts to merger of the order impugned in Writ Petition with orders in Writ Appeal No.1016 of 2023, dated 12.08.2024. Therefore, the Contempt Case filed against the interim orders of this Court cannot be enforced since the same was modified. More over, the orders passed in Writ Appeal are complied with and hence no orders are necessary in this Contempt Case. 4. Having heard learned counsel for the Petitioner and learned counsel Respondents and in view of settled proposition of law, once the orders of this Court either interim orders or final orders are modified in Writ Appeal, it can be presumed that the orders of the Court below should have been merged with the orders passed by the division bench in Writ Appeal. Once the orders of the Court below merged with the orders in appeal, the orders of the Court below cannot be enforced in contrary to the orders modified in appeal. 5. In view of the above, the Contempt Case is closed granting liberty to the Petitioner if the Review in Writ Appeal No.1016 of 2023 is allowed, he is entitled to sought for restoration of present Contempt Case. 6. Accordingly, the Contempt Case is closed. No costs. As a sequel, interlocutory applications pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt:11.02.2025 Krk ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.C.No.5753 of 2023 11.02.2025 krk