K Ganganna vs. Sri Gopalkrishna Dwivedi Ias

Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Disposed
Order Date:20 Dec 2023
CNR:APHC010191082023

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble Venkateswarlu Nimmagadda

Listed On:

20 Dec 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Original Jurisdiction)

WEDNESDAY, THE TWENTIETH DAY OF DECEMBER, TWO THOUSAND AND TWENTY THREE :PRESENT: HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

CONTEMPT CASE NO: 2604 OF 2023

Between:

K.Ganganna, S/o. Pedda Bheemappa, aged 50 years, Occ. Cultivation, R/o. H No. 1/97 Sadapuram Village, Dibbanakal post, Adoni Market, Kurnool District.

...Petitioner

AND

    1. Sri Gopalkrishna Dwivedi, IAS, Working as Principal Secretary, Panchayat Raj Department State of Andhra Pradesh, AP Secretariat, Amaravathi, Guntur District.
    1. Sri P. Koteswara Rao, IAS, Working as District Collector, Kurnool District, Kurnool.
    1. Sri Noorjahan, Working as Divisional Panchayat Officer SKD Colony, Adoni Revenue Division Adoni, Kurnool District.
    1. Smt Geetha Vani, Working as Mandal Praja Parishath Development Officer, Mandal Office, Adoni, Kurnool District.
    1. Sri Venugopal Reddy Working as Panchayat Secretary, Sadapuram Grampanchayat, Sadapuram Adoni Mandal, Kurnool District.
    1. N. Samel @ Bazari, S/o. Hanumanthappa Aged 45 years, Occ: Cultivation, R/o. H.No. 1/98 Sadapuram Village, Dibbanakal Post, Adoni, Kurnool District.

...Respondents/Contemnors

WHEREAS the Petitioner has presented under Sections 10 to 12 of the Contempt of Courts Act 1971, the above case through his counsel M/s B.Chamandeswari, praying that this Hon'ble High Court may be pleased to punish the respondents herein for willfully disobeying and disrespect the orders in W.P.No.24591 of 2022, dated 16.09.2022;

WHEREAS the said case coming on for orders as to admission on this day and whereas the High Court, upon perusing the affidavit filed therein and the earlier order of the High Court dated 20.07.2023 & 23.11.2023 made herein and upon hearing the arguments of M/s B.Chamandeswari, Advocate for the Petitioner and of Sri Kiran Kumar Vadlamudi, Advocate for Respondent Nos. 1 to 3 and of Mr. Venkata Reddy Gajjala, Advocate for Respondent Nos. 4 and 5, made the following

ORDER:

"Heard learned counsel for the petitioner and learned counsel for the Respondents.

Pursuant to the orders of this Court on 23.11.2023, Respondent Nos.3 and 5 appeared before this Court and stated that they have complied with the orders of this Court and further submits that they have filed counter-affidavit.

Even though there is a direction by this Court on 23.11.2023, Respondent No.4 did not appear before this Court on the ground that the counter-affidavit had already been filed. Once there is a conditional order passed by this Court for compliance failing which appearance was ordered for non compliance of the orders of this Court, it is the duty of the Respondents / Contemnors either to appear in person and explain reasons for non compliance or to comply with the

Admittedly, in the present case neither the order passed by this Court is orders of the Court. complied with nor Respondent No.4 appeared before this Court. Non compliance of the orders of this Court dated 23.11.2023 is nothing but willful disobedience of the orders of this Court and dereliction of duties. Hence Registry is directed to issue bailable warrants to the Respondent No.4. For appearance of Respondent No.4, post the matter on 05.02.2024.

In view of the reasons stated above and counter-affidavit is already filed by the Respondents, considering the same, the presence of Respondent Nos.3 and 5 is hereby dispensed with, until further orders."

Sd/- P. VENKATA RAMANA JOINT REGISTRAR

IITRUE COPYII

SECTION OFFICER

To,

  1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi.
  • The Superintendent of Police, Kurnool District (By SPEED POST) 3. The Section Officer, O.S. Section, High Court of Andhra Pradesh.
    1. Sri Gopalkrishna Dwivedi, IAS, Working as Principal Secretary, Panchayat Raj Department State of Andhra Pradesh, AP Secretariat, Amaravathi, Guntur
    1. Sri P. Koteswara Rao, Working as District Collector, Kurnool District, Kurnool. 6. Sri Noorjahan, Working as Divisional Panchayat Officer SKD Colony, Adoni
  • Revenue Division Adoni, Kurnool District. 7. Smt Geetha Vani, Working as Mandal Praja Parishath Development Officer,
  • Mandal Office, Adoni, Kurnool District. 8. Sri Venugopal Reddy Working as Panchayat Secretary, Sadapuram
  • Grampanchayat, Sadapuram Adoni Mandal, Kurnool District. 9. N. Samel @ Bazari, S/o. Hanumanthappa Aged 45 years, Occ: Cultivation, R/o.
  • 1/98 Sadapuram Village, Dibbanakal Post, Adoni, Kurnool District.(Addressee Nos. 4 to 9 by RPAD) 10. One CC to M/S. CHAMUNDESWARI B Advocate [OPUC]
    1. One CC to SRI, KIRAN KUMAR VADLAMUDI Advocate [OPUC] 12. One CC to MR. VENKATA REDDY GAJJALA, Advocate [OPUC]
    1. One spare copy.

PSD

HIGH COURT

NV,J

DATED: 20/12/2023

NOTE: POST THE MATTER ON 05.02.2024

ORDER

CC.No.2604 of 2023

ORDER OF WARRANT

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE (Original Jurisdiction)

WEDNESDAY, THE TWENTIETH DAY OF DECEMBER, TWO THOUSAND AND TWENTY THREE

:PRESENT:

HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 2604 OF 2023

Between:

K.Ganganna, S/o. Pedda Bheemappa, aged 50 years, Occ. Cultivation, R/o. H No. 1/97 Sadapuram Village, Dibbanakal post, Adoni Market, Kurnool District.

...Petitioner

AND

    1. Sri Gopalkrishna Dwivedi, IAS, Working as Principal Secretary, Panchayat Raj Department State of Andhra Pradesh, AP Secretariat, Amaravathi, Guntur District.
    1. Sri P. Koteswara Rao, IAS, Working as District Collector, Kurnool District, Kurnool.
    1. Sri Noorjahan, Working as Divisional Panchayat Officer SKD Colony, Adoni Revenue Division Adoni, Kurnool District.
    1. Smt Geetha Vani, Working as Mandal Praja Parishath Development Officer, Mandal Office, Adoni, Kurnool District.
    1. Sri Venugopal Reddy Working as Panchayat Secretary, Sadapuram Grampanchayat, Sadapuram Adoni Mandal, Kurnool District.
    1. N. Samel @ Bazari, S/o. Hanumanthappa Aged 45 years, Occ: Cultivation, R/o. H.No. 1/98 Sadapuram Village, Dibbanakal Post, Adoni, Kurnool District.

...Respondents/Contemnors

WHEREAS the Petitioner has presented under Sections 10 to 12 of the Contempt of Courts Act 1971, the above case through his counsel M/s B.Chamandeswari, praying that this Hon'ble High Court may be pleased to punish the respondents herein for willfully disobeying and disrespect the orders in W.P.No.24591 of 2022, dated 16.09.2022;

WHEREAS the said case coming on for orders as to admission on this day and whereas the High Court, upon perusing the affidavit filed therein and the earlier order of the High Court dated 20.07.2023 & 23.11.2023 made herein and upon hearing the arguments of M/s B.Chamandeswari, Advocate for the Petitioner and of Sri Kiran Kumar Vadlamudi, Advocate for Respondent Nos. 1 to 3 and of Mr. Venkata Reddy Gajjala, Advocate for Respondent Nos. 4 and 5, directed the Registry to issue Bailable Warrant against 4<sup>th</sup> respondent.

Therefore you viz;

The Superintendent of Police, Kurnool.

are hereby directed to arrest the said respondent viz; Smt Geetha Vani, Working as Mandal Praja Parishath Development Officer, Mandal Office, Adoni, Kurnool District, wherever she is found and produce her bodily under safe custody and conduct before this Court on 05.02.2024 at 10:30 A.M., to which date the case stands posted.

You are further directed that if the said Respondent/Contemnor furnishes self bond for a sum of Rs. 10,000/- (Rupees Ten thousand only) with an undertaking that she will appear before this Court on 05.02.2024, she may be released on bail subject to the condition that she shall attend this Court on 05.02.2024 and shall continue to attend this Court until otherwise directed.

You are also further directed to return this warrant as early as possible preferably on or before 05.02.2024 to this Court with a detailed report stating the manner in which it has been executed.

Herein fail not.

JOINT REGISTRAR

To,

    1. The Registrar (Judicial), High Court of Andhra Pradésh at Amaravathi.
    1. The Superintendent of Police, Kurnool District (By SPEED POST)
    1. The Section Officer, O.S. Section, High Court of Andhra Pradesh.
    1. Smt Geetha Vani, Working as Mandal Praja Parishath Development Officer, Mandal Office, Adoni, Kurnool District. (by RPAD)
    1. One spare copy.

HIGH COURT

$NV, J$

DATED: 20/12/2023

NOTE: POST THE MATTER ON 05.02.2024

ORDER

CC.No.2604 of 2023

BAILABLE WARRANT

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