D Sreenivasa Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 6920 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                    CONTEMPT CASE No.3311 of 2022

JUDGMENT:-

1.    Heard Sri Dr. Sastry Jandhyala, learned counsel for the

petitioner/applicant.

2.    This contempt case has been filed alleging                      willful

disobedience with the judgment dated 11.04.2022 passed in

W.P.No.20266 of 2021, the operative portion of which reads as

under:-

     "24.      In view of the aforesaid, the impugned order in the
     present case, cannot be sustained, which is hereby
     quashed.         A direction is issued to the respondent

No.4/Deputy Commissioner, Department of Commercial Taxes, West Godavari District, to reconsider the petitioner's case for appointment on compassionate ground in accordance with law and to forward the requisite proposal to consider grant of relaxation in age rule to the 1st respondent/Principal Secretary, Department of Revenue (Commercial Taxes), Amaravathi/Competent Authority. The respondent No.1 is also directed to consider the grant of relaxation of age rule by a reasoned and speaking order.

25. The petitioner is granted liberty to file fresh representation annexing all such documents including copy of the various Government Orders relied upon, along with copy of this order, before the respondent No.2 within a period of four (04) weeks from today.

26. Let the entire exercise be completed by the respondents within a period of three (03) months from the date of presentation of fresh representation as aforesaid.

27. This petition is partly allowed, with the aforesaid observations and directions."

3. The Secretary to the Government (CT) Finance, rejected

the petitioner's case by order dated 05.07.2022.

4. Learned counsel for the petitioner submits that the order

dated 05.07.2022 is illegal.

5. This Court in the exercise of contempt jurisdiction would

not enter into the legality or otherwise of the order dated

05.07.2022.

6. Since the petitioner's representation has been considered

and decided by the authority concerned, no case for contempt is

made out.

7. The Contempt Petition is dismissed.

8. However, leaving it open for the petitioner to seek his

remedy against the order dated 11.04.2022 in appropriate

proceedings.

9. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 13.09.2022 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

CONTEMPT CASE No.3311 of 2022

Date: 13.09.2022

Scs