APHC010592042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 3535/2025 Between: 1. LOKESWARA REDDY, S/O. LATE NAGARATNAM REDDY, AGED 54 YEARS, OCC CONTRACTOR, 5-19/1, MATYAM PAIPALLE (V), MUTTUKURU PANCHAYAT, THAVANAMPALLE (M), CHITTOOR DISTRICT. ...PETITIONER AND 1. SHASHIBUSHAN KUMAR IAS, PRESENTLY WORKING AS PRINCIPAL SECRETARY, GOVERNMENT OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. SRI PEEYUSH KUMAR IAS, PRESENTLY WORKING AS PRINCIPAL SECRETARY, GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. SRI SUMIT KUMAR IAS, COLLECTOR, CHITTOOR DISTRICT. 4. SRI C NAVEEN KUMAR, EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT. 5. SRI P RAMDAS YADAV, ASSISTANT PAY AND ACCOUNTS OFFICER, CHITTOOR, CHITTOOR DISTRICT. ...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 pleased to punish the respondents under Sections 10 to 12 of Contempt of Courts Act, for their wilful disobedience of the order of this Hon'ble Court dated 04.09.2025 passed in W.P. No. 19269 of 2025 and to pass 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 pleased to dispense with the filing of Copy of Order dated 04.09.2025 passed in W.P. No. 19269 of 2025 by the Hon'ble High Court and to pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Contemnor(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 3535/2025 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 04.09.2025 passed by this Court in W.P.No.19269 of 2025. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. Learned counsel for the petitioner submits that this contempt case is filed alleging that orders of this Court dated 04.09.2025 are not complied with as directed by this Court. The orders dated 04.09.2025 passed by this Court in W.P.No.19269 of 2025 is extracted hereunder: “5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.9,64,045/- to the petitioner. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment or non-payment of interest upon any amount which is due and payable, the same is binding upon both the parties. In the absence of any clause with regard to interest component in the agreement, the respondents are directed to release the amount along with the interest @ 6% per annum on delayed payment, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch 4 dated 12.10.2023 if not paid, within a period of three (03) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest and due amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.” 4. Learned counsel for the petitioner further submits that even though this Court passed a specific order, the respondents have neither released the amount nor taken steps for compliance. He further contends that, failure on the part of the respondents in implementing the orders of this Court would amount to disobedience of the orders of this Hon’ble Court. Therefore, the respondents are liable for punishment under Sections 10 to 12 of the Contempt of Courts Act. 5. On the other hand, learned counsel for the respondents submits that this Court passed order on 04.09.2025 directing the respondents to release the amount within a period of three months from the date of receipt of copy of the order passed in the Writ Petition. The time granted by this Court for compliance is not yet completed. But the petitioner filed this Contempt Case on 04.11.2025, which is before completion of the stipulated period. As such, this contempt case is not maintainable. 6. Considering the submissions of both the learned counsel and on perusal of the material placed on record, it is observed that this Court passed orders on 04.09.2025. The three months period granted by the Court for compliance must be computed from the date of receipt of copy of the order. In 5 the present case on hand, even as per the date of the order, the time period granted by this Court for compliance is not yet completed. It is settled law that the contempt will arise only when there is willful and deliberate non- compliance of the order after the expiry of the time granted. The present contempt case is filed prior to the expiry of the compliance period. It is further observed that since the petitioner filed a premature contempt case, Sections 10 to 12 does not attract. As such, the contempt case is not maintainable. 7. Considering the facts and circumstances of the case, this Court is the opinion that the petitioner wasted the valuable time of this Court by filing the premature Contempt Case. 8. In view of the aforesaid reasons, the Contempt Case is dismissed and the petitioner is directed to pay costs at the rate of Rs.1,000/-(Rupees One Thousand) to the Andhra Pradesh High Court Advocates’ Association for wasting the time of this Court by filing premature competent case, within a period of two(2) weeks from the date of receipt of copy of this Order and file memo of costs in the Registry. Further the petitioner is at liberty to initiate contempt proceedings only after completion of the time stipulated in the order passed in the writ petition, if the respondents willfully disobey the order of this Court. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.11.2025 TTPPSS 6 231 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) CONTEMPT CASE NO: 3535/2025 24.11.2025 TTPPSS