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Modugula Veera Reddy, vs Sri. Gopala Krishna Dwivedi,
2023 Latest Caselaw 5749 AP

Citation : 2023 Latest Caselaw 5749 AP
Judgement Date : 1 December, 2023

Andhra Pradesh High Court - Amravati

Modugula Veera Reddy, vs Sri. Gopala Krishna Dwivedi, on 1 December, 2023

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                     MAIN CASE No.C.C.No.1046 of 2022
                                 PROCEEDING SHEET

Sl.                                                                           Office
                                            ORDER
No      DATE                                                                  Note
02    01.12.2023 RNT,J
               1.           1.     Heard Smt Sodum Anvesha, learned

counsel for the petitioners and Sri D.Omkar, learned counsel appearing on behalf of Sri Kiran Kumar Vadlamudi, learned counsel for respondent Nos.2,3,4 & 6.

2. This Contempt Case is filed alleging willful and deliberate disobedience of the writ Court's order dated 02.12.2021 passed in W.P.No.27933 of 2021. The orders were passed in the Contempt case. The respondent in the writ petition filed review which was rejected on 29.11.2022 challenging the order dated 02.12.2021 in the main writ petition. The respondent filed Writ Appeal No.387 of 2023 and challenging the order passed in review application they filed W.A.No.386 of 2023. Both the Writ Appeals along with various other writ appeals were disposed of finally by the judgment dated 12.10.2023 by the Division Bench, modifying the order passed by the Writ Court in the Writ Petition. In Para No.5 of the appellate judgment reads as under:- Contd...

"5. With the consent of the counsel for the writ petitionerss as also the learned Advocate General, the following order is being passed:

(a) The petitionerss would be paid, if not already paid, the amount in terms of the Memos dated 05.11.2020 and 12.05.2021, within one month from today.

(b) The Government would be at liberty to conduct an enquiry after affording to the petitionerss an opportunity of being heard with regard to the works executed by them within the period from 01.10.2018 to 31.05.2019. The enquiries, if initiated, would be completed within four months from today.

(c) In case the works are as per standards, the petitionerss would be paid not only the balance amount but also interest calculated at the rate of 6% per annum on the entire amount with HCJ & NJS, J 11 W.A_724_2021 & batch effect from the date when the bills were submitted by the petitionerss for payment till the date of final payments.

(d) Such of the petitionerss who had executed works much before the period of 01.10.2018 would be paid, if not already paid, the entire amount due and payable to them within a period of one month from today, with interest calculated at the rate of 6% per annum with effect from the date when the bills were submitted by the petitionerss for payment till the date of final payments."

3. Learned counsel for the petitioners submits that no payment has been made even pursuant to the modified order.

4. I am of the prima facie view that since the contempt was filed against the order dated 02.12.2021 in W.P.No.27933 of 2021, which order has been modified in appeal, the petitioners may file fresh contempt if there is violation of the modified order passed in appeal.

5. At this stage, learned counsel for the petitioners prays for the matter be posted on 05.12.2023.

6. Post on 06.12.2023.

__________ RNT, J RKS

 
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