Sri M.Hari Narayanan vs M/S.Atluri And Co
2023 Latest Caselaw 297 AP

                               1




    THE HON'BLE SRI JUSTICE A.V. SESHA SAI
                      &
  THE HON'BLE JUSTICE Dr. V.R.K. KRUPA SAGAR

                     L.P.A. No.1 OF 2023

JUDGMENT:(per A.V. Sesha Sai, J)

      Heard Sri P. Subash, learned counsel for the appellant

and Sri N. Subba Rao, learned Senior Counsel, representing

Ms. Vinodin Ruth, learned counsel for the petitioner-1st

respondent herein.

This Letters Patent Appeal filed under Clause 15 of

Letters Patent, calls in question the order dated 30.12.2022

passed by the learned Single Judge in C.C.No.4266 of 2022.

The 1st respondent herein filed W.P.No.16930 of 2022,

assailing the action on the part of the respondents in the

Writ Petition in not sanctioning the pending undisputed total

bill amount of Rs.64,92,985/-. The learned Single Judge vide

order dated 14.07.2022 disposed of the Writ Petition, with a

direction to the respondents in the Writ Petition to release the

amount of Rs.64,92,985/- to the Writ Petitioner, within a

period of six (06) weeks from the date of receipt of the copy of

the order and further clarified that in the event of failure to

pay the said amount within the time stipulated above, the

writ petitioner is entitled for interest @ 12% per annum.

Alleging disobedience of the order passed in the Writ

Petition, Contempt Case in C.C.No.4266 of 2022 came to be

filed by the first respondent herein on 13.10.2022 under

Sections 10 to 12 of the Contempt of Courts Act. The learned

Single Judge of this Court ordered notice to the respondents

in the Contempt Case. On 30.11.2022, the learned Single

Judge directed to issue Form No.1 to respondent Nos.2,5 and

7. According to the learned counsel for the appellant, on

01.12.2022 i.e., one day after issuance of notice in Form

No.1, the appellant herein filed two (02) Interlocutory

Applications i.e., I.A.No.1 of 2022 and I.A.No.2 of 2022,

praying this Court to discharge the appellant from the

Contempt and to dispense with his presence on 30.12.2022.

On 30.12.2022, the Contempt case was listed before the

learned Single Judge and on the said date, the learned Single

Judge passed the following order:

"Pursuant to the order dated 30.11.2022 passed by this Court, respondent Nos.5 and 7 appeared before this Court in person and sought time for filing counter or for reporting compliance. Therefore, the future presence of respondent Nos.5 and 7 is dispensed with until further orders.

At request of learned counsel for the respondents, list the matter on 25.01.2023 for filing counter or for reporting compliance, and for the presence of the 2nd respondent."

According to the learned counsel for the appellant,

when an Application for discharge is pending consideration

before the learned Single Judge, the learned Single Judge

ought not to have directed the appearance of the appellant-

2nd respondent in the Contempt Case on 25.01.2023. It is

further submitted by the learned counsel that in the affidavit

filed in support of the discharge Application i.e., I.A.No.1 of

2022, the appellant herein categorically brought to the notice

of this Court that the appellant has nothing to do with the

sanction of amount to the petitioner and it is only the Zilla

Parishad-authorities, who are competent to take action as per

the order in the Writ Petition.

On the other hand, Sri N. Subba Rao, learned Senior

Counsel, contends that, while disposing of the Writ Petition,

the learned Single Judge directed all the respondents to take

action for release of the amount.

Having regard to the submissions made by the learned

counsel for the appellant and learned Senior Counsel for the

respondent and taking into account the pendency of I.A.No.1

of 2022 in C.C.No.4622 of 2022 and in order to put a quietus

for the issue, this Court deems it appropriate to dispose of

the present Letters Patent Appeal, with a request to the

learned Single Judge to consider the application filed by the

appellant vide I.A.No.1 of 2022. It is also made clear that,

pending consideration of the said Application, the presence of

the appellant, who is respondent No.2 in the Contempt Case

stands dispensed with. It is also made clear that this order

will not come in the way of dealing with the Contempt Case

as against the other respondents in the Contempt Case.

Accordingly, the Letters Patent Appeal is disposed of.

No order as to costs.

Miscellaneous petitions, if any, pending in this case,

shall stand closed.

__________________ A.V. SESHA SAI, J

______________________________ Dr. V.R.K. KRUPA SAGAR ,J Date: 23.01.2023 Ks

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE JUSTICE Dr. V.R.K. KRUPA SAGAR

L.P.A. No. 1 OF 2023 (per A.V. Sesha Sai, J)

Date: 23.01.2023

Ks