-i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1284 OF 2018 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 punish the respondent Under the Contempt of Courts Act for Willful violation of the Orders of this Hon'ble Court passed in WPno.14206 of 2017 dated 20-04-2017 and pass Such other or further order or orders as deem fit and Circumstances of the Case. provisions of proper in the Between: Kodaru Niranjan Reddy, S/o. Venkatrami Reddy,aged about 52 years, R/o Rebala Village Buchireddypalem Mandal,SPSR Nellore District ...PETITIONER AND Sri Seelam Ramalingeswara Rao, Tahsildar, Buchireddypalem Mandal,Buchireddypalem,SPSR Nellore District. ...CONTEMNOR Counsel for the Petitioner :Sri. P Ganga Rami Reddy Counsel for the Respondent: Ms. Sushma Yaganti The Court made the following Order : n APHC010396332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] rjs THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 1284/2018 Between: Kodaru Niranjan Reddy ...PETITIONER AND Sri Seelam Ramalingeswara Rao ...CONTEMNOR Counsel for the Petitioner: 1.PGANGARAMI REDDY Counsel for the Contemnor: 1.SUSHMAYAGANTI The Court made the following ORDER: The above contempt case is filed complaining about non implementation of the order dated 20.04.2017 in W.P.No.14206 of 2017. 2. The petitioner filed the aforementioned writ petition to declare the action of the respondents in not removing the encroachments of Gudapalli Irrigation channel as illegal and arbitrary. The said writ petition was disposed of on 20.04.2017, directing the 3'"^ respondent to take appropriate action on the letter dated 09.03.2017 submitted by Assistant Engineer, Irrigation Section, Kovvur and take action accordingly. 3. |ln the affidavit filed in support of the contempt case, it was pleaded that after disposal of the writ petition, the petitioner issued a legal notice on 2 30.03.2018, and the same was received by the respondents on 02.04.2018. Despite the same, the respondents failed to take any action. Today, when the matter is taken up for consideration, learned Assistant Government Pleader submitted the instructions of the Tahsildar, Buchireddypalem Mandal vide Rc.No.E/413/2017, dated 11.02.2019. 4. A perusal of the proceedings would indicate that the 3'^ respondent, in pursuance of the order d^ted 20.04.2017 in W.P.No.14206 of 2017, passed a speaking order. As seen from the endorsement, it was communicated the same to the petitioner. 5. In J.S.Parihar v. Ganpat Duggar and Others\ the Hon’ble Apex Court observed as under: 6. “....once there is an order passed by the Government on the basis of the directions issued by the Court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the wilful violation of the order. After re-exercising the judicial review in contempt proceedings, afresh direction by the learned Single Judge cannot be given to redraw the seniority list. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act. ...” 7. Since a speaking order is passed, this Court does not find any violation of order dated 20.04.2017 in W.P.No.14206 of 2017. '(1996) 6 see 291 ■s. 3 Accordingly, the Contempt Case is closed. There shall be no order as to 8. costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed. Sd/- K TATARAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Sri Seelam Ramalingeswara Rao, Tahsildar, Buchireddypalem Mandal,Buchireddypalem,SPSR Nellore District. 2. One CC to Sri. P Ganga Rami Reddy ,Advocate [OPUC] 3. One CC to Ms. Sushma Yaganti, Advocate [OPUC] 4. Three CD Copies YM HIGH COURT DATED:01/05/2025 ORDER CC.No.1284 of 2018 THE CONTEMPT CASE IS CLOSED