IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 5753 OF 2023 Contempt case U/s. 10 to 12 of Contempt of Courts Act 1971 to Punish the Respondents herein for willfully violating and disobeying the Orders of the High Court dt.02.05.2023 in W.P. 11373/2023. Between: K.Seshaiah, S/o. (late) K.Balaiah, aged 60 years, Superintendent ( Dismissed), R/o. 5-11 Ananthapuram, Ananthapuram District. now Professor's Colony, Near TV. Tower, ...Petitioner AND 1. M.Venkata Lakshmaiah, Registrar, Sri Krishnadevaraya University, Ananthapuram-515 003. 2. M. Ramakrishna Reddy, The Vice Chancellor, Sri Krishnadevaraya University, AnanthapUraiw^^515 003. 3. J.Syamala Rao, Principal Secretary, The State of Andhra Pradesh, Higher Education Department, Andhra Pradesh Secretariat,Hyderabad ...Respondents Counsel for the Petitioner: SRI P V RAMANA -f f Counsel for the Respondents; SRI M KARIBASAIAH(SC FOR SRI IJ^ISyN^ DEVARAYA UNIVERSITY) /; a ’ V • f the Respondents! SRI KV RAGHU VEER The Court made the following Order: -.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 VRAMANA Counsel for the Contemnor(S): 1.KVRAGHU VEER 2.M KARIBASAlAH(SC FOR SRI KRISHNA DEVARAYA UNIVERSITY) 2 '] honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA r.nntpmpt Case No.5753 of 2023 THE This Court made the following ORDER: The present Contempt Case is filed alleging that the Respondents have dated 02.05.2023 in W.P.No.11373 of Learned counsel for the Petitioner submits that the order not complied with the interim orders 2023 of this Court, 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 the Subsistence allowance to the petitioner directed the respondent to Pay from the date of removal from service, but the Respondents have not taken any steps. 2. On the other hand, Sri Rama Respondent-University submits that No. 1016 of 2023 challenging the interim Krishna Pativada, learned counsel for Respondents preferred Writ Appeal im order of this Court dated 02.05.2023, modified in respect of payment of wherein the orders of this Hon’ble Court are is entitled for the payment of subsistence allowance period i.e., the Petitioner is from 01.04.2023 onwards contrary to the earlier interim order, under which allowed since 2016. the subsistence allowance was 3. Learned counsel for Respondents submits that in division bench of this Court dated dated 02.05.2023 are modified and in view in view of the orders of X 12.08.2024, the interim orders of this Court 7 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. 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. Accordingly, the Contempt Case is closed. No costs. As a sequel, interlocutory applications pending if any, shall stand 5. 6. closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Sri M.Venkata Lakshmaiah, Registrar, Sri Krishnadevaraya University, Ananthapuram-515 003. 2. Sri M. Ramakrishna Reddy, The Vice Chancellor, Sri Krishnadevaraya University, Ananthapuram-515 003. 3. M/s. J.Syamala Rao, Principal Secretary, The State of Andhra Pradesh Higher Education Department, Andhra Pradesh Secretariat,Hyderabad 4. One CC to Sri. P V Ramana, Advocate [OPUC] 5. One CCto Sri K V Raghu Veer,Advocate.[OPUC] 6. One CC to Sri. M Karibasaiah(SC for Sri Krishna Devaraya University) [OPUC] 7. Three CD Copies vna HIGH COURT DATED:11/02/2025 ORDER CC.No.5753 of 2023 3 0 JUN 2025 I .o» sesiss CLOSING THE CONTEMPT CASE WITHOUT COSTS