M Samuel vs. B Rajasekhar
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble K Manmadha Rao
Listed On:
12 May 2023
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE TWELFTH DAY OF MAY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
CONTEMPT CASE NOS: 5214, 5216, 5217 & 5226 OF 2022
CONTEMPT CASE NO: 5214 OF 2022
Contempt case U/s.10 to 12 Contempt of Courts Act 1971 to Punish the Respondents herein for willfully violating, disobeying the orders of the High Court dated 14.09.2022 in W.P.No.29684 of 2022.
Between:
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- M Subba Reddy, S/o Rami Reddy, Hindu, Aged 60 years, Presently residing at D No 20-5-13/13, Sanjay Gandhi Colony, Korlakunta, Tirupati. Previously worked as Asst. EE/Dy EE (I/c), Machilipatnam. Krishna District.
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- G Chakrapani Rao, S/o Venkateswarlu, Hindu, Aged 60 years, R/o. Flat no. 1-A, Varshini Residency, 2nd Lane Chaitanyapuri, Koritipadu Guntur. Previously worked as Asst. EE/Dy EE (I/c), Kakinada District.
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- M Rama Krishna, S/o late M Seshaiah, Hindu, Aged 60 years, R/o, Flat No 103, Sai Visishta, Ravindra Nagar, 5th line Guntur. Previously worked as Asst. EE/Dy EE (I/c), MBNN, APEWIDC, Ongole, Prakasam District.
...Petitioners/Writ Petitioners
$\tilde{c.9}$
AND
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- Sri B.Rajasekhar, Principal Secretary, School Education Dept. Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
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- Sri Deevan Reddy, S/o Gopi Reddy, Managing Director Andhra Pradesh Education and Welfare Infrastructure Development Corporation (APEWIDC), Vaddeswaram (V), Tadepalli (M), Guntur District.
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- Sri L.Ananda Rao, Executive Engineer, APEWIDC, Machilipatnam, Krishna District.
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- Sri Lakshman Reddy, Executive Engineer, APEWIDC, Kakinada District.
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- Sri Bhaskar Babu, Executive Engineer, APEWIDC, Ongole, Prakasam District.
...Respondents/Respondents 1,2,4-6 in W.P.
Counsel for the Petitioners: SRI MANGENA SREE RAMA RAO
Counsel for the Respondent Nos.1,5: SRI L V S NAGARAJU
Counsel for the Respondent No.2: SRI G V S KISHORE KUMAR
Counsel for the Respondent Nos.3,4: NONE APPEARED
CONTEMPT CASE NO: 5216 OF 2022
Contempt case U/s.10 to 12 Contempt of Courts Act 1971 to Punish the Respondents herein for willfully violating, disobeying the orders of the High Court dated 16.09.2022 in W.P.No.30133 of 2022.
Between:
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- B. Chandra Obula Reddy, S/o Bhumireddy Venkata Reddy, Aged 60 years, Residing at 1-58, Viswanathapuram, Bhadripalle post, Chapadu Mandal YSR Kadapa District Andhra Pradesh - 516172, Previously worked as Asst.<br>Engineer, APEWIDC, Kadapa Sub-Division, Y S R Kadapa District.
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- M.V. Seshaiah, S/o Venkata Das (late), Aged 60 years, Residing at 42/427, NGO Colony, Sankarapuram, YSR Kadapa District, A.P. 516002 Previously worked as Asst. Engineer, APEWIDC, Rajampeta Sub-Division, Y S R Kadapa District.
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- P. Ravi, S/o Kuppaiah, Aged 60 years Presently residing at 4-1595, Kolimi Street, Greamspet, Chittoor, A.P. 517002. Previously worked as Junior Asst., APEWIDC, Chittoor Sub Division, Chittoor District.
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- V. Sekhar, S/o (late) Vardan, Aged 60 years, Presently residing at 4-2232, Iruvaram, Chittoor, Chittoor District, A.P. 517128. Previously worked as Watchman/office Subordinate, APEWIDC, Chittoor Division, Chittoor District.
...Petitioners
AND
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- Sri B. Rajasekar I.A.S, Principal Secretary, School Education Department Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
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- Sri C.N. Deevan Reddy, S/o Gopi Reddy, Managing Director Andhra Pradesh Education and Welfare Infrastructure Development Corporation (APEWIDC), Vaddeswaram (V), Tadepalli (M), Guntur District.
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- Sri Siva Prasad, Executive Engineer, APEWIDC, Chittoor, District.
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- Sri J. Karunakar Reddy, Executive Engineer, APEWIDC, Kadapa District.
...Respondents/Respondents
Counsel for the Petitioners: SRI MANGENA SREE RAMA RAO
Counsel for the Respondent No.1: SRI L V S NAGARAJU
Counsel for the Respondent No.2: SRI G V S KISHORE KUMAR
Counsel for the Respondent Nos.3 to 4: NONE APPEARED
CONTEMPT CASE NO: 5217 OF 2022
Contempt case U/s.10 to 12 Contempt of Courts Act 1971 to Punish the Respondents herein for willfully violating, disobeying the orders of the High Court dated 14.09.2022 in W.P.No.29733 of 2022.
Between:
$\mathbf{A}^{\mathbf{A}}{\mathbf{A}} = \mathbf{A}^{\mathbf{A}}{\mathbf{A}}$
M Samuel, S/o. late Raja Rao Aged 60 years, Occ. working as Executive Engineer, Marri Chenna Reddy Bhavan, DRDA Complex, Vizianagaram 535 003
...Petitioner/Writ Petitioner
AND
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- Sri B Rajasekhar, I.A.S, Principal Secretary, School Education Dept. Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
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- Sri Deevan Reddy, S/o Gopi Reddy, Managing Director Andhra Pradesh Education and Welfare Infrastructure Development Corporation (APEWIDC), Vaddeswaram (V), Tadepalli (M), Guntur District.
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- Sri Deevan Reddy, S/o Gopi Reddy, The Andhra Pradesh Education and Welfare Infrastructure Development Corporation, Represented by its Managing Director, Vaddeswaram (V), Tadepalli (M), Guntur District.
....Respondents
Counsel for the Petitioners: SRI MANGENA SREE RAMA RAO
Counsel for the Respondent No.1: SRI L V S NAGARAJU
Counsel for the Respondent No.2: SRI G V S KISHORE KUMAR
Counsel for the Respondent No.3: NONE APPEARED
CONTEMPT CASE NO: 5226 OF 2022
Contempt case U/s.10 to 12 Contempt of Courts Act 1971 to Punish the Respondents herein for willfully violating, disobeying the orders of the High Court dated 19.09.2022 in W.P.No.30319 of 2022.
Between:
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- T. Satyanandam, S/o Rajaratnam (late), Aged 60 years, Residing at D.No.7-2-40, ABM Compound, Subederpet, Nellore District Andhra Pradesh Previously worked as Asst. Engineer, APEWIDC, Kavali Division, Nellore District.
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- Inturi Venkata Lakshmi, W/o Satyanarayana (late) Aged 60 years, H.No.26-32-53, At Agraharam, 6th Line, Guntur District Andhra Pradesh 522 004, Previously worked as Office Subordinate, APEWIDC, Guntur Sub-Division, Guntur District.
...Petitioners
AND
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- Sri B. Rajasekhar, IAS, Principal Secretary, School Education Dept. Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
-
- Sri Deevan Reddy, S/o Gopi Reddy, Managing Director Andhra Pradesh Education and Welfare Infrastructure Development Corporation (APEWIDC), Vaddeswaram (V), Tadepalli (M), Guntur District.
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- Sri Janardhan Reddy, Executive Engineer, APEWIDC, Guntur District.
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- Sri Hanumantha Rao, Executive Engineer, APEWIDC, Nellore District
...Respondents
Counsel for the Petitioners: SRI MANGENA SREE RAMA RAO
Counsel for the Respondent No.1,: SRI L V S NAGARAJU
Counsel for the Respondent Nos.2,4: SRI G R S KRISHNA KUMAR
Counsel for the Respondent No.3: NONE APPEARED
The Court made the following Common Order:
HON'BLE DR. JUSTICE K. MANMADHA RAO
CONTEMPT CASE Nos.5214, 5216, 5217 and 5226 of 2022
COMMON ORDER:
As the issue involved in all the Contempt Cases is one. and the same, they are being taken up by way of this Common Order.
$2.$ Today, when the matter is taken up for hearing, learned counsel for the petitioners has furnished a copy of common judgment dated 05.05.2023 passed by a Division Bench of this Court in W.A.Nos.1033, 1036, 1053, 1054, 1055 of 2022 and 174, 258, 259 and 260 of 2023, wherein the Division Bench of this Court has allowed the said appeals. The operative portion of the common judgment reads as under:
$\H$ In view of all the above, this Court is of the opinion that the orders of the learned single judge are not sustainable and a mandamus cannot be issued in the circumstances like this as there is no right in the writ petitioner to seek the relief.
These Writ Appeals are, therefore, allowed setting aside the common order passed in W.P.Nos.8225, 8226 and 15889 of 2022, dated 11.08.2022; and also the orders passed in W.P.Nos.29640 of 2022, 29684 of 2022; 29942 of 2022; 30133 of 2022; 30139 of 2022; 31027 of 2022 and 30133 of 2022. No order as to costs."
- Learned counsel for the petitioners further submits that since the final orders passed in the above Writ Appeals, the cause of action in the present contempt cases do not arise to proceed further and hence the same may be closed.
$4.$ Recording the aforesaid submission of learned counsel for the petitioners, these Contempt Cases are closed. No order as to costs.
As a sequel, all the pending miscellaneous applications
shall stand closed.
I/TRUE COPY//
SECTION OFFICER
SD/- K TATA RAO DEPUTY REGISTRAR
To,
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- Sri B.Rajasekhar, Principal Secretary, School Education Dept. Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
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- Sri Deevan Reddy, S/o Gopi Reddy, Managing Director Andhra Pradesh Education and Welfare Infrastructure Development Corporation (APEWIDC), Vaddeswaram (V), Tadepalli (M), Guntur District.
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- Sri L.Ananda Rao, Executive Engineer, APEWIDC, Machilipatnam, Krishna District.
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- Sri Lakshman Reddy, Executive Engineer, APEWIDC, Kakinada District.
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- Sri Bhaskar Babu, Executive Engineer, APEWIDC, Ongole, Prakasam District.
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- Sri Prasad, Executive Engineer, APEWIDC, Chittoor District.
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- Sri J Karunakar Reddy, Executive Engineer, APEWIDC, Kadapa District.
- Sri Janardhan Reddy, Executive Engineer, APEWIDC, Guntur District.
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- Sri Hanumantha Rao, Executive Engineer, APEWIDC, Nellore District.
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- One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC]
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- One CC to Sri L V Š Nagaraju, Advocate [OPUC]
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- One CC to Sri G V S Kishore Kumar, Advocate [OPUC]
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- Two CD Copies
sree
HIGH COURT DATED:12/05/2023
COMMON ORDER
CC.Nos.5214, 5216, 5217 & 5226 of 2022