Akula Naga Srinivasa Rao vs. K.Vijayanand
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
11 Dec 2023
Original Order Copy
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Order Text
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
CONTEMPT CASE No.2038 of 2023
ORDER:
This contempt case is filed against the respondents for wilful disobedience of the orders dated 13.02.2023 passed by this Court in W.P.No.3427 of 2023.
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Heard the learned counsel for the petitioners and learned Government Pleader for the respondents.
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This Court directed vide order dated 13.02.2023 as under:-
"Having regard to the facts and circumstances of the case and without touching the merits of the case, the petitioners are at liberty to submit appropriate representations to all the concerned authorities for redressal of their grievances within a period of two(02) weeks from the date of receipt of a copy of this Order. On receipt of such representations, the same be examined and appropriate orders be passed by the authorities concerned strictly in accordance with law, within a period of six (06) weeks, thereafter. It is also made clear that the petitioners are entitled to place on record the relevant judgments, if any, for consideration of the same by the authorities concerned."
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As per the directions of this Court, the petitioners need to submit a fresh, detailed representation for consideration within a period of two (2) weeks from the date of receipt of a copy of this order, and thereupon, the respondents are directed to examine and pass appropriate orders within a period of six (06) weeks.
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The learned counsel for the respondents submits that the petitioners should file a fresh, detailed representation, and upon that, only the respondents can take action. Therefore, in the absence of any representation for consideration, as per the order, as directed by this Hon'ble Court, the petitioner cannot complain either the inaction or the wilful violation of orders on the part of the respondents.
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Since the petitioners did not comply with the order of this Court, he cannot allege non-compliance of the order against the respondents. The action of the respondents is a consequent one. As such, the petitioners cannot agitate that the respondents disobeyed the orders of this Court. He further submits that, in view of the facts and circumstances of the case, the present contempt case is liable to be closed.
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The learned counsel for the petitioners is also not in a position to prove his case that he complied his part of obligation in accordance with the orders of this Hon'ble Court. Therefore, there is neither wilful violation nor disobedience on the part of the respondents. Accordingly, the contempt case is closed. There shall be no order as to cost.
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Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
11.12.2023 DNV
34 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(closed)
Contempt Case No.2038 of 2023
11.12.2023 DNV