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2025 DAILYLAW 41292 (AP)

Patibandia Yalamanda v. Sri. B. Rajsekhar, I.A.S

CC/34/2024 · 2025-10-29

Ravi Cheemalapati

body2025

Judgment text

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APHC010641892023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 34/2024 Between: 1. PATIBANDIA YALAMANDA, S/O.KOTAIAH, AGED ABOUT 73 YEARS, OCC BUSINESS, R/O.H.NO.6 KESINENIPALLI, DUPADU, PRAKASHAM DISTRICT. 1. SRI B RAJSEKHAR I A S, PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SRI SHAMSHER SINGH RAWAT, THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. SMT A SURYA KUMARI IA AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH 4. SRI A S DINESH KUMAR, THE DISTRICT COLLECTOR (PANCHAYAT WING), PRAKASHAM DISTRICT. 5. SRI RAMESH BABU, EXECUTIVE PALEM, TRIPURANTHAKAM MANDAL, MARKAPUR, PRAKASHAM DISTRICT. 6. SRI Y SRINIVASULU, REP. BY ITS EXECUTIVE AUTHORITY PANCHAYAT SECRETARY, KESINENIPALLI GRAMA PANCHAYAT, KESINENIPALLI VILLAGE, TRIPURANTHAKAM MANDAL, PRAKASHAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO: 34/2024 PATIBANDIA YALAMANDA, S/O.KOTAIAH, AGED ABOUT 73 YEARS, OCC BUSINESS, R/O.H.NO.6-61, TRIPURANTAKAM, KESINENIPALLI, DUPADU, PRAKASHAM DISTRICT. ...PETITIONER AND SRI B RAJSEKHAR I A S, PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SRI SHAMSHER SINGH RAWAT, THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SMT A SURYA KUMARI IAS, COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. SRI A S DINESH KUMAR, THE DISTRICT COLLECTOR (PANCHAYAT WING), PRAKASHAM DISTRICT. SRI RAMESH BABU, EXECUTIVE ENGINEER P.R.I SUB DIVISION, Y PALEM, TRIPURANTHAKAM MANDAL, MARKAPUR, PRAKASHAM SRI Y SRINIVASULU, REP. BY ITS EXECUTIVE AUTHORITY PANCHAYAT SECRETARY, KESINENIPALLI GRAMA PANCHAYAT, KESINENIPALLI VILLAGE, TRIPURANTHAKAM MANDAL, RAKASHAM DISTRICT. ...CONTEMNOR(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE THIRTIETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PATIBANDIA YALAMANDA, S/O.KOTAIAH, AGED ABOUT 73 61, TRIPURANTAKAM, ...PETITIONER SRI B RAJSEKHAR I A S, PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, SRI SHAMSHER SINGH RAWAT, THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, S, COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF 16, TADEPALLI, GUNTUR DISTRICT. SRI A S DINESH KUMAR, THE DISTRICT COLLECTOR ENGINEER P.R.I SUB DIVISION, Y PALEM, TRIPURANTHAKAM MANDAL, MARKAPUR, PRAKASHAM SRI Y SRINIVASULU, REP. BY ITS EXECUTIVE AUTHORITY- CUM- PANCHAYAT SECRETARY, KESINENIPALLI GRAMA PANCHAYAT, KESINENIPALLI VILLAGE, TRIPURANTHAKAM MANDAL, ...CONTEMNOR(S): 2 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 direct the notices to the respondents herein and punish the respondents under section 10 to 12 of Contempt of Courts Act, 1971 for deliberate, intentional and willful violation of the orders of this Hon'ble Court dated 29.08.2023 made in W.P.No.21530 of 2023 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 Dispense with the Order dated 29.08.2023 in W.P.No.21530 of 2023. The Certified copy of the order is currently not available but the copy of the same is filed here with, the original copy may be field in due course. Hence the filing of the certified copy of Order may kindly be dispensed with for the present. 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 implead the proposed respondents as respondents Nos. 7th, 8th and 9th in CC.No.34 of 2024 and pass Counsel for the Petitioner: 1. T VENU GOPAL Counsel for the Contemnor(S): 1. NAGARAJU PULLAGURA 2. RAMA RAO KOCHIRI 3. KIRAN KUMAR VADLAMUDI 4. G VENKATA REDDY 5. C SUMON 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 29.08.2023 passed by this Court in Writ Petition No.21530 of 2023. 2. Heard Sri U.Anil Kumar, learned counsel, representing Sri T.Venu Gopal, learned counsel for the petitioner and Sri Rama Rao Kochiri, learned counsel for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that this Court,vide order dated 29.08.2023, directed the respondent authorities to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six weeks from the date of receipt of a copy of this order. He further contended that though a direction was given by this Court to pay the amount to the petitioner, the authorities have failed to pay the same. It amounts to willful and deliberate disobedience of the orders of this Court. Hence, the respondents are liable to bepunished under Sections 10 to 12 of the Contempt of Courts Act. 4. In reply, learned counsel for respondents, while reiterating the contents of the counter affidavits of respondent Nos.1 and 5 along with the written instructions of respondent No.5 dated 29.10.2025, contended that the total value of the work as recorded in M-Book amounts to Rs.5,94,573 and after QC recovery/withhold recoveries of Rs.61,489/-, the net payable amount 4 works out to Rs.5,33,084/-. The said net amount was paid to the petitioner through Sarpanch, GP Kesinenipalli in Tripuranthakam Mandal vide cheque No.210498, dated 23.09.2025. Though there was some delay in payment, the same was neither willful nor wanton, but occurred due to administrative and financial constraints of the State. 5. To the said submission, learned counsel for the petitioner submitted that the respondent authorities have not paid the amount of claimed by the petitioner i.e.,Rs.5,81,516/-. 6. Perused the record and considered the submissions made by both the learned counsel. 7. This Court, vide order dated 29.08.2023, disposed of the Writ Petition No.21530 of 2023. The operative portion of the said order is as follows: “ Accordingly, the respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at any rate, within a period of six (06) weeks from the date of receipt of a copy of this order.” 8. The contention of the petitioner is that the respondent authorities have not paid amount claimed by the petitioner. 9. Perusal of the order shows that this Court had directed the respondent authorities to pay the legally entitled amount to the petitioner, but did not specify any particular amount. Learned counsel for the respondents contended that after making statutory recoveries, the net bill amount payable 5 to the petitioner was Rs.5,33,084/- and the same has been paid to the petitioner. Learned counsel for the respondentsalso explained the reasons for the delay. In view of the same, there is no contempt as alleged by the petitioner. 10. In view of the above, since the respondents have paid the legally entitled amount to the petitioner, this Court is satisfied that the order of this Court has been complied with and no further adjudication is required. Hence, the Contempt Case is liable to be closed. 11. Accordingly, the Contempt Case is closed. However, the petitioner is at liberty to approach appropriate forum in accordance with law, if he has any grievance regarding the bill amount. 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 30.10.2025 MP 6 208 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CONTEMPT CASE NO:34 of 2024 Date: 30.10.2025 MP 7 HIGH COURT OF ANDHRA PRADESH MAIN CASE No: CONTEMPT CASE No.34 of 2024 PROCEEDING SHEET S. No DATE ORDER 30.10.2025 RC, J I.A.No.1 of 2024 Dispensed with. ______________________ RAVI CHEEMALAPATI, J C.C.No.34 of 2024 The Contempt Case is closed. (vide separate order) ______________________ RAVI CHEEMALAPATI, J I.A.No.1 OF 2025 Since the Contempt Case itself is closed, no orders are required to be passed in this application. Hence, the Interlocutory application is closed. ______________________ RAVI CHEEMALAPATI, J MP 8