APHC010087822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE NO: 1371/2023 Between: 1. SHAIK SUBHANI, S/O ALLI SAHEB, AGE 54 YEARS, R/O D.NO. 1- 181, JANAPADU VILLAGE, PIDIGURALLA MANDAL, PALNADU DISTRICT 2. SHAIK AMEEN SA @ AMEEN SAHEB,, S/O. SUBHANI, AGE 26 YEARS, R/O. D.NO. 3-109, JANAPADU VILLAGE, PIDIGURALLA MANDAL, PALNADU DISTRICT ...PETITIONER(S) AND 1. M SAIDARAO, ASST. EXECUTIVE ENGINEER, OPERATION, APCPDCL, PIDUGURALLA - RURAL, GUNTUR DISTRICT 2. M HARIBABU, DY. EXECUTIVE ENGINEER, OPERATION, APCPDCL, PIDUGURALLA, GUNTUR DISTRICT 3. A MURALI KIRSHNA YADAV, SUPERINTENDING ENGINEER, APCPDCL, GUNTUR, 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 punish the Respondents herein under Sections 10 to 12 of the Contempt of Courts Act for willful, deliberate and intentional violation of orders dated 06-12-2022 in I.A. No. 1/2023 in W.P. No. 35342/2022 of this Hon'ble Court and consequently direct the respondents to pay damages in lieu of mental agony and pass 2 Counsel for the Petitioner(S): 1. THOTA RAMAKOTESWARA RAO Counsel for the Contemnor(S): 1. V V SATISH The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE NO.1371 of 2023 ORDER: This Contempt Case has been filed complaining the willful disobedience of the respondents in implementing the order dated 06.12.2022 in I.A.No.1 of 2023 in W.P.No.35342 of 2022. 2. At the stage of admission of the writ petition, this Court directed the respondents therein to consider the representation dated 20.10.2022 in respect of provisional assessment notice dated 15.09.2022 issued by the respondent No.2 to connection vide No.SC Nos.1422101002055 & 1422101002722 of petitioners’ premises, Janapadu, Piduguralla Mandal, Guntur district, pending disposal of the writ petition. 3. During the course of hearing, learned counsel appearing for the respondents would submit that the order of the Court is complied with on 27.02.2023 and speaking orders are passed on the representation of the petitioners. Learned counsel further submits that the said order sent to the petitioners by registered post, but, it is returned un-served. Thereafter the order copy was served to the learned counsel for the petitioners, as such, he would contend that there is no contempt on the part of the respondents and seeks to close the contempt case. 4 4. On the other hand, Mr.Thota Ramakoteswara Rao, learned counsel for the petitioners contends that he filed contempt case on 21.02.2023 and thereafter on 27.02.2023, the respondents passed order considering representation of the petitioners. There is no doubt that the representation of the petitioners was considered and order was passed on 27.02.2023,only after filing of the contempt case. 5. On consideration of the facts and circumstances of the case, it appears that the order dated 06.12.2022 is complied with by the respondents on 27.02.2023. Admittedly, no time is stipulated while passing interim orders. As per the writ rules, it shall be complied with within eight (08) weeks. If strictly followed these rules, there is some delay. But the delay occurred in the present case is very less. 6. Considering all these aspects, in our considered view, there is no willful contempt on the part of the respondents in implementing the orders of this Court. Accordingly, the Contempt Case is closed. 7. The petitioners are at liberty to challenge the proceedings issued by the respondents dated 27.02.2023, if so advised. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date: 27.02.2026 SA 5 225 THE HON’BLE SRI JUSTICE BATTU DEVANAND CONTEMPT CASE NO.1371 of 2023 Dt.27.02.2026 SA