G.Venkat Babu vs Naresh Penumaka
2022 Latest Caselaw 1973 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                  CONTEMPT CASE No. 567 OF 2022

                              PROCEEDING SHEET
Sl.                                                                         OFFICE
      DATE                                  ORDER
No.                                                                          NOTE
03. 22.04.2022
                 AHSANUDDIN AMANULLAH, J
                       and
                 B. KRISHNA MOHAN, J

                 (Per Hon'ble Mr. Justice Ahsanuddin Amanullah)

                         Heard Mr. J. Sudheer, learned counsel for
                 the petitioners and Mr. Harinath N., learned
                 Assistant Solicitor General appearing for the
                 respondents.

2. Learned counsel for the petitioners submitted that respondent no.1, Mr. Naresh Penumaka, is no more holding the post of the Chief Commissioner, Central Excise and Customs, Union of India, Visakhapatnam Zone, Visakhapatnam, and pursuant to the transfer order dated 10.09.2021, he has moved to New Delhi in some other capacity.

3. In support thereof, Annexure-A.1 to the affidavit filed by learned Assistant Solicitor General is referred to by him.

4. A perusal of Annexure- A.1 discloses that in place of Mr. Naresh Penumaka, respondent no.1, Mr. Suresh Kishnani has now been posted as Chief Commissioner, Central Excise and Customs, Visakhapatnam.

5. From the record it transpires that admittedly, the Judgment dated 02.11.2021 passed in WP No.2812 of 2021 has not been complied with, and despite the Court on 04.03.2022 and 25.03.2022 having granted time for compliance of the Judgment in question, still it has not been complied with.

6. Accordingly, let the name of Mr. Naresh Penumaka be substituted by the name of Mr. Suresh Kishnani as respondent no.1 in the contempt case.

7. Rule in the matter of contempt be issued against Mr. Suresh Kishnani and Mr. Fahim Ahmad, respondents no.1 and 2, directing them to show cause as to why the Court may not proceed against them and pass appropriate orders for having willfully and deliberately not complied with the Judgment of this Court dated 02.11.2021 passed in WP No.2812 of 2021, returnable in four weeks.

8. Learned Assistant Solicitor General takes notice on behalf of the newly substituted respondent no.1 also.

9. The matter be listed on 17.06.2022.

___________________________ (AHSANUDDIN AMANULLAH, J)

______________________ (B. KRISHNA MOHAN, J) Mjl/*