::1:: APHC010598762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 4861/2024 Between: 1. A V MOHAN REDDY, , S/O LATE AREM VEMULA REDDY, AGED ABOUT 56 YEARS, R/O PLOT NO. 108, SHANTHI APARTMENT, 0PP. SIVALAYAM, BHAGYANAGAR COLONY, KADAPA-516002 ...PETITIONER AND 1. SRI KANTHILAL DHANDE, PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. SMT MADHAVI SUKANYA, CHIEF ENGINEER (RAND B), 5TH FLOOR, AP STATE HOD BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT 3. SRI JOHN SUDHAKAR, SUPERINTENDING ENGINEER, R AND B CIRCLE, VISAKHAPATNAM. 4. SRI RAMESH, EXECUTIVE ENGINEER, R AND B DIVISION, VISAKHAPATNAM. 5. SRI PEEYUSH KUMAR IAS, PRINCIPAL SECRETARY, ::2:: FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ...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 take cognizance of the offence committed by the Respondents in non-compliance of the direction issued by this Hon'ble Court and non-implementation of the Order, dt.24.07.2024 in W.P.No. 15799/2024, under the provisions of Contempt of Courts Act and punish the Respondents with appropriate sentence and pass Counsel for the Petitioner: 1. NALLURI SAHITHI APARNA Counsel for the Contemnor(S): 1. MANNAM VENKATA KRISHNA RAO ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.C.No.4861 of 2024 This Court made the following ORDER: Learned counsel for the petitioner alleges that the respondents have committed an act of disobedience or disrespectful to the orders of this Court, as such they are liable for punishment Under Section 10 to 12 of The Contempt of Courts Act, 1971 (for short “the Act”). He further submits that this Court passed an order directing the respondents to consider the representation of the petitioner and dispose of the same in terms of G.O.Ms.No.35, Transport, Roads & Buildings (R.1) Department, dated 30.01.2009. But in disobedience to the said direction, the respondents are stating that the petitioner is not entitled for consideration as per G.O.Ms.No.35 since the same is not part and parcel of the agreement entered into between the petitioner and the ::4:: respondents. Therefore, on that guise the respondents chosen to avoid consideration of G.O.Ms.No.35. Therefore, the respondents are deviated and wilfully disobeyed the orders of this Court. Hence, they are liable for punishment Under Sections 10 to 12 of the Act. 2. While so, learned counsel for respondents also filed counter-affidavit along with speaking order dated 20.02.2025 passed pursuant to the orders of this Court dated 24.07.2024. For determination whether the respondents committed any contempt as alleged by the petitioner or not, it is appropriate to extract the order of this Court as under: “Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, this Court is of the considered view that the present writ petition can be disposed of directing the 3rd and 4th respondents herein to consider the representation dated 12.07.2024 submitted by the petitioner in terms of the G.O.Ms.No.35, Transport, Roads & Buildings (R.1) Department, dated 30.01.2009 and to pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order” 3. On perusal of the above order of this Court, it is clear and specific that the respondents are directed to consider the representation of the petitioner in terms of G.O.Ms.No.35 and pass appropriate orders. It appears that in compliance of the orders of this Court in ::5:: W.P.No.15799/2024, dated 24.07.2024, the 3rd respondent passed a speaking order dated 20.02.2025 which reads as under: “In view of the above directions of Hon’ble High Court of A.P., the Contractor’s request for applicability of G.O.Ms.No.35 T, R&B (R.I) Department, dated 30.01.2009 has been carefully examined and it is informed as under: 1. Clause No.46 of the Agreement of the subject work says “Price Adjustment as per G.O.Ms.No.35 T, R&B (R.I) Department, dated 28.02.2006, G.O.Ms.No.73, T, R&B (R-I) Department, dated 24.04.2006, G.O.Rt.No:175, T, R&B (R-I) Department, dated 19.02.2008, G.O.Ms.No.252, T, R&B (R.I) Department, dated 28.08.2008 and G.O.Ms.No.01, Finance (Works & Projects – F7) Department, dated 23.02.2012. This Price Adjustment clause shall apply for Steel, Cement, Bitumen and P.O.L. 2. The G.O.Ms.No.35 T, R&B (R.I) Department, dated 30.01.2009 is not existing in the Clause-46 of the Agreement.” 4. On perusal of the speaking order dated 20.02.2025 issued by the respondents, it is observed that as directed by this Court the respondents considered the representation of the petitioner with reference to the G.O.Ms.No.35 and found that the terms of G.O.Ms.No.35 are not applicable to the petitioner due to the exclusion of terms of G.O.Ms.No.35 under clause-46 of the work agreement entered between the petitioner and respondent. Therefore, on perusal of speaking order passed by the respondents after considering the representation was certainly made with reference to the G.O.Ms.No.35, dated 30.01.2009. If the petitioner still feels that the action of the ::6:: respondents not as per his entitlement or in terms of his agreement, he is at liberty to proceed further by initiating appropriate proceedings. 5. Therefore, in view of reasons stated as above and pursuant to the speaking orders passed by the respondents dated 20.02.2025, the orders of this Court in W.P.No.15799/2024, dated 24.07.2024 are complied with by the respondents. As such, no further orders are required to be passed in this matter for further adjudication. 6. Accordingly, the Contempt Case is closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 06.11.2025 krk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.C.No.4861 of 2024 DT: 06.11.2025 krk 89