Reserved on : 15-10-2025 Pronounced on : 20-11-2025 Uploaded on : 01-12-2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE No.6908 of 2023 ORDER:- 1. This Contempt Case has been filed complaining the alleged willful disobedience in implementing the order dated 13.09.2022 (amended vide order dated 26.04.2023) passed by this Court in W.P.No.9493 of 2013. 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the material available on record. 3. The case of the petitioner herein is that, the 5th respondent has issued a tender notification dated 20.05.2008 for conducting S. & L. operations i.e., detailed survey, block levels, alignment of canals, C.M. & C.D. works and preparation of designs, drawings and detailed estimates etc., for extension of irrigation facilities to the tobacco exclusion areas under Passumurru Major of Addanki Branch Canal. NV,J CC No.6908 of 2023 2 Pursuant to the tender notice, the petitioner became successful bidder and entered into an agreement with the respondents vide Agreement No.58/2008-9 dated 06.08.2008. Subsequent to the said agreement, the petitioner completed the 100% survey in detail and the same has been communicated to the 5th respondent vide report dated 17.02.2011. In view of completion of the work as per the conditions of the agreement, as such, the petitioner is entitled for an amount of Rs.16,00,000/-. But, the respondents did not choose to pay the said amount. Aggrieved by the same, the petitioner herein preferred writ petition vide W.P.No.9493 of 2013. 4. Upon hearing both the parties and since the respondents admitted only an amount of Rs.6,05,936/- is payable to the petitioner, this Court passed a final order in W.P.No.9493 of 2013 dated 26.04.2023, wherein, the operative portion of the said order reads as follows: “In view of the said facts and circumstances of the case, this Court under Article 226 can exercise his jurisdiction where there is an admission, on the part of the both the parties, in respect of the matter, arises out of the contractual agreements. In view of the said settled law this Court inclined to direct the respondent authorities to pay the admitted amount of Rs.6,05,936/- to the petitioner forthwith and by considering the representation of the petitioner dated 17.02.2011 for the rest of the amount NV,J CC No.6908 of 2023 3 which was enclosed with the petition, which have to be considered afresh and pass appropriate orders after providing opportunity of hearing to the petitioner for further determination if any, the entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of this order. If the Representation of the petitioner is not available with the Respondents, the respondents shall request the petitioner to furnish another copy of representation for their consideration to comply the orders of this Hon’ble Court Accordingly, the writ petition is disposed of. No costs.” 5. Learned counsel for the petitioner submits that, even though this Court passed an order directing the respondents to pay an amount of Rs.6,05,936/- to the petitioner forthwith and also directed to consider the representation of the petitioner dated 17.02.2011 for the rest of the amount, the respondents did not comply with the orders of this Court, obviously for reasons best known to them, which amounts to contempt, as defined under Section 2(b) of the Contempt of Courts Act and that the respondents are liable for punishment as per Section 12 of Contempt of Courts Act and requested to punish them in accordance with law. 6. On the other hand, Respondent No.4 filed counter affidavit on behalf of respondent Nos. 1 to 3 also, wherein, it is stated that the petitioner had partly executed the work under NSJC O&M Division, Addanki and the respondents authorities have also measured the NV,J CC No.6908 of 2023 4 work executed by the petitioner and recorded the same in the measurement books and also the amount to be payable to the petitioner was quantified. It is further stated that after execution of the part of the work, the petitioner has represented to the department to close their contract and finalize the account to the extent of work which was carried out by the petitioner. It is further stated that the work done by the contractor/ petitioner was measured and assessed to an amount of Rs.5,16,059/- and the department staff had prepared the bill for an amount of Rs.6,05,936/- including taxes. It is further stated that, the respondent No.2 requested to release of budget for an amount of Rs.6,22,902/- vide letters dated 01.02.2024 and 08.11.2024. For initiating payment through CFMS, the petitioner was requested to provide statutory details such as Vendor code of the Firm in CFMS, GST number, PAN number, present Bank Account details etc., to the respondent authorities. Pending receipt of the personal details of the petitioner and due to non release of the budget, the bill amount of the petitioner was not paid to the petitioner. It is further stated that soon after receipt of the details from the petitioner, the bills will be proceed in favour of the petitioner. He further prayed that, since there is no deliberate or NV,J CC No.6908 of 2023 5 intentional disobedience on the part of Respondent Nos.1 to 4, they tenders unconditional apology and requested this Court to close the contempt proceedings initiated against them. 7. Respondent No.8 filed counter affidavit inter-alia contending that, in compliance of the orders of this Court dated 24.06.2023, a bill for gross amount of Rs.5,53,883/- was prepared. After deducting the statutory deductions the petitioner is eligible for amount of Rs.5,09,176/- and the same was remitted to the petitioner’s account on 07.05.2025. It is further stated that as per the agreement conditions the petitioner is not entitled for any interest amount. It is further stated that there is no willful disobedience on part of the respondent No.8 and he further tendered his unconditional apology for the inconvenience and delay occurred in complying with the orders of this Court. Since the orders of this Court are complied with, respondent No.8 requested to close the contempt proceedings initiated against him. 8. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that, in compliance of the order of this Court in W.P.No.9493 of 2013 dated NV,J CC No.6908 of 2023 6 28.10.2022 & 26.04.2023, the respondents have considered the representation made by the petitioner dated 17.02.2011, measured and assessed the amount as Rs.5,16,060/- and bill was prepared for an amount of Rs.6,05,936/-. A copy of the bill prepared by the respondents is produced for perusal and it reads as follows: Value of work done by the contractor/petitioner Rs.5,16,060/- Add tender premium @ 4.5% Rs.23,223/- Total 5,39,283/- Add Value Added Tax @ 2.8% Rs.15,100/- Total Rs.5,54,382/- Less R & R Penalty (-) Rs.500/- Total Rs.5,53,883/- Statutory recoveries effected Income Tax Rs.12,080/- NAC Cess Rs.1348/- VAT Rs.15,100/- CGST Rs.5,393/- SGST Rs.5,393/- Labour Cess Rs.5,393/- Total recoveries Rs.44,707/- Net amount Rs.5,09,176/- 9. Thus, after assessing the value of the work done by the petitioner as Rs.5,53,883/-, and after effecting statutory recoveries such as Income Tax, NAC Cess, VAT, CGST, SGST, Labour Cess, the net amount was arrived at Rs.5,09,176/- and the same was NV,J CC No.6908 of 2023 7 remitted to the account of the petitioner on 07.05.2025. Thus, the respondents made payment and complied with the orders of this Court. As such, the orders of this Court are complied with by the respondents and no further orders are required to be passed in the present contempt case and the contempt case is liable to be closed. 10. In view of the entire facts and circumstances of the case, the Contempt Case is closed. There shall be no order as to costs. 11. Consequently, miscellaneous petitions pending, if any, in this contempt case shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 20.11.2025 SP NV,J CC No.6908 of 2023 8 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE No.6908 of 2023 Date: 20.11.2025 W SP