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
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MONDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
CONTEMPT CASE NO: 2038 OF 2023
(Contempt case U/s.10 to 12 Contempt of Courts Act of Punish the Respondents herein for wilfully violating, disobeying the orders of the High Court dated 13/02/2023 in WP No.3427/2023.)
Between:
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- Akula Naga Srinivasa Rao, S/o A.Venkateswa Rao, Aged about 32 years, Shift Operator, O/o 33/11 KV Pedakatlepalli Substation, Mopidevi section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL.
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- Getta Naga babu, S/o G. Subbarao, Aged about 33 years, shift Operator, O/o 33/11 KV Pedakallepalli Substation, Mopidevi section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL.
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- Dondapati Sudheer, S/o D.Lakshmana Rao Aged about 33 years, Shift Operator, O/o 33/11 KV Pedakallepalli Substation, Mopidevi section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL
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- Anumukonda Narasimha Svvamy, s/o A.Srinivasa Rao Aged about 23 years, shift Operator, 0/0 33/11 KV Pedakallepalli Substation, Mopidevi section, Vuyyuru Divission. vijayawada circle, Krishna district. APCPDCL
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- Sodabathuni Ambedkar, S/o S.Devadasu, Aged about 40years, Shift Operator, O/o 33/11 KV Mopidevi Substation, Mopidevi section, Vuyyuru Divission, vijayawada circle, Krishna district, APCPDCL.
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- Battula Naga raju, S/o B.Govindu, Aged about 37years, Shift operator, O/o 33/11 KV Viswanadhapalli Substation, Koduru section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL.
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- Uppe Sivasri, s/o U.Ramarao, Aged about 34 years, Shift Operator, 0/o 33/11 KV Ganipeswaram Substation Nagayalanka Section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL.
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- Murala Rattaiah, S/o M:Jagenmohana Rao, Aged about 38 years, Shift Operator, O/o 33/11 KV Viswanadhapalli Substation, Koduru section, Vuyyuru Divission, vijayawada circle, Krishna district. APCPDCL.
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- Garapati Siva rama krishna, s/o G. Babu Rao, Aged about 36 years, Shift Operator, O/o 33/11 KV Mudunuru Substation, Vuyyuru Rural Section, Vuyyuru Divission, Vijayawada Circle, Krishna distic, APCPDCL.
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lO.Kakumanu Rajesh, S/o K.Benny, Aged about 42 years, Shift Operator. O/o 33/11 KV Yakamuru Substation, Thotiavalluru Section, Vuyyuru Divission Vijayawada circle, Krishna district, APCPDCL.
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- Chodagam Bapanaiah naidu, S/o CH. Lakshmana Rao, Aged about 42 years. Shift Operator, O/o 33/11 KV Lakshmipuram Substation, Challapalli section, Vuyyuru Divission, Vijayawada circle, Krishna district. APCPDCL.
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12.Devisetti venkata krishna, S/o D.Nageswara Rao, Aged about 29 years Watchman. O/o 33/11 KV Pedakallepalli Substation. Mopidevi section,' Vuyyuru Divission, Vijayawada circle, Krishna district. APCPDCL.
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13.Tota Ramesh, S/o T.Panduranga Rao, Aged about 32years, Watchman, O/o <sup>33111</sup> KV Viswanadhapalli Substation,Koduru section, Vuyyuru Divission, Vijayawada circle, Krishna district. APCPDCL.
...PETITIONERS
AND
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- K.Vijayanand, IAS, Principal EnergySecretary, Energy Dept., Secretariat, Velagapudi, Guntur District.
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- B.Sridhar.lAS, Chairman and Managing Director, Transmission Corporation of Andra Pradesh Ltd., Vidyuth Soudha, Vijayawada,Krishna District
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- J.Padma Janardhana Reddy, Chairman and Managing Director, Central Power Distribution Corporation of A.P. Ltd., Beside Polytechnic College, ITI Road, Vijayawada, Krishna District.
...CONTEMNORS/RESPONDENTS
Counsel for the Petitioner(s): SRI. PASAPALA SUDHAKAR REDDY
Counsel for the Respondents: SRI K NARSI REDDY
Counsel for the Respondents: SRI KOUSHIK KARAVADI
Counsel for the Respondents: SRI V.R.REDDY KOVVURI
The Court made the following: ORDER
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
CONTEMPT CASE No.2038 of <sup>2023</sup>
ORDER:
w
This contempt case is filed against the respondents for wilftil 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 <sup>a</sup> 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.
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 <sup>a</sup> 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 6. circumstances of the case, the present contempt case is liable to be closed.
The learned counsel for the petitioners is also not in <sup>a</sup> position 7. 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.
2
Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed.
$\mathfrak{Z}$
S/d- M. RAMESH BABU DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
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- K.Vijayanand, IAS, Principal EnergySecretary, Energy Dept., Secretariat, Velagapudi, Guntur District.
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- B.Sridhar, IAS, Chairman and Managing Director, Transmission Corporation of Andra Pradesh Ltd., Vidyuth Soudha, Vijayawada, Krishna District
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- J.Padma Janardhana Reddy, Chairman and Managing Director, Central Power Distribution Corporation of A.P. Ltd., Beside Polytechnic College, ITI Road, Vijayawada, Krishna District.
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- One CC to SRI. PASAPALA SUDHAKAR REDDY Advocate [OPUC]
- One CC to SRI. K NARSI REDDY Advocate [OPUC]
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- One CC to Sri Anup Koushik Karavadi, Advocate [OPUC].
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- One CC to Sri V.R.Reddy Kovvuri Advocate [OPUC].
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- Three CD Copies
AL $D_{\mathcal{K}}$ HIGH COURT
DATED:11/12/2023
ORDER
CC.No.2038 of 2023