Andhra Pradesh High Court - Amravati
Proceeding Sheet vs Reddy on 27 June, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE: C.C. No. 999 of 2020
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
15. 27.06.2023 RNT, J
Heard Sri K. Janakirami Reddy, learned
counsel for the petitioners and Sri K. Madhava
Reddy, learned standing counsel for the Greater
Visakhapatnam Municipal Corporation, who is
appearing for the sole respondent in the
contempt petition.
2. In W.P.No.21639 of 2018 filed by the
petitioners, this Court passed judgment dated
14.03.2019, the operative portion of which reads
as under:
"In the result, the Writ Petition is allowed
directing the 2nd respondent to pay to the
petitioners, Rs.4,14,91,532/- (Rupees Four Crores
Fourteen Lakhs Ninety one Thousands Five
Hundreds and Thirty Two only) with interest at
12% per annum from 29.05.2017, till the date of
payment".
3. The respondents in the writ petition
filed W.A.No.116 of 2019 which was dismissed,
confirming the order passed in the writ petition,
by judgment dated 26.11.2019. The operative
portion of the judgment is reproduced as under:
"In the result, the Writ Appeal is dismissed
SL. DATE ORDER OFFICE
NO. NOTE
by confirming the order dated 14.03.2019 passed
by the learned Single Judge in W.P.No.21639 of
2018. No order as to costs."
4. As in spite thereof, the order was not
complied, the present contempt petition was
filed.
5. Learned counsel for the petitioners
refers to the various orders passed in the
contempt petition, one of which is dated
15.09.2021, which reads as under:
"Sri K. Janaki Rami Reddy, learned counsel
for the petitioners, confirmed at 2.15 p.m this
day, when the matter stood passed over from
morning session, that Rs.1 crore is remitted to the
account of the petitioners on behalf of the Greater
Visakhapatnam Municipal Corporation,
Visakhapatnam.
Sri S. Lakshminarayana Reddy, learned
counsel for the respondent, requests two more
instalments to pay the balance amount. In as
much as instalments permitted earlier were not
paid within time and the attitude of the Greater
Visakhapatnam Municipal Corporation,
Visakhapatnam had unnecessarily lead this Court
to interfere requiring certain coercive action, it is
no more desirable to make such allowance. The
Greater Visakhapatnam Municipal
Corporation, Visakhapatnam is directed to
pay the entire balance amount due as per
orders of this Court, by 12.11.2021.
SL. DATE ORDER OFFICE
NO. NOTE
Default on the part of the Greater
Visakhapatnam Municipal Corporation,
Visakhapatnam shall invite unwarranted
coercive action.
List on 12.11.2021."
6. A perusal of the order dated 15.09.2011
shows that request was made on behalf of
respondents in the contempt petition for two
more instalments to pay the balance amount as
on that date, and upon such request, this Court
directed to pay the entire balance amount due by
12.11.2021.
7. Learned counsel for the petitioners also
refers to the order dated 17.12.2021, which reads
as under:
"Heard Sri S. Lakshminarayana Reddy,
learned counsel for the respondent, and Sri K.
Janakirami Reddy, learned coiunsel for the
petitioners.
In view of the order passed on 15.09.2021,
though this Court is not inclined to grant
further time for paying the balance amount,
since S. Lakshminarayana Reddy, learned
counsel for the respondent, represented that
balance amount payable is at the stage of
C.F.M.S, now, it is directed that this balance
amount shall be remitted to the bank
account of the petitioners by 1.00 P.M. of
23.12.2021, otherwise necessary coercive
steps will be ordered."
SL. DATE ORDER OFFICE
NO. NOTE
8. From the aforesaid order also it is
evident that in view of the order dated
15.09.2021, this Court was not inclined to grant
further time for paying the balance amount, but
in view of submission advanced on that date that
the balance amount payable was at the stage of
CFMS, direction was issued to remit the balance
amount to the bank account of the petitioners by
1.00 pm on 23.12.2021, providing further that
otherwise necessary coercive steps will be
ordered.
9. When the matter was listed on
05.05.2023, it was submitted that the balance
amount was not remitted to the petitioners'
account in spite of the order dated 17.12.2021.
Since the matter was listed after 17.12.2021, on
the request of the learned standing counsel for
the respondent, the matter was directed to be
posted after a week to enable him to obtain the
latest position with respect to the payment.
10. Learned counsel for the petitioners
submits that the entire balance amount was not
paid and only a further amount of
Rs.1,20,00,000/- was paid on 22.05.2023.
11. Sri K. Madhava Reddy, learned
standing counsel for the respondent, prays for
further time to obtain instructions with respect to
the outstanding balance amount as on today to
be paid to the petitioners, submitting further that
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NO. NOTE
the entire amount has yet not been paid.
12. Considering that the judgment dated
14.03.2019 passed in the writ petition has yet not
been complied with, in spite of dismissal of the
Writ Appeal and the various orders passed in the
contempt petition, viz., 15.09.2021, 17.12.2021
and 05.05.2023, the respondent-Srijana
Gummalla, Commissioner, the Greater
Visakhapatnam Municipal Corporation, is directed
to appear in person before this Court on the next
date fixed, for framing of charges and further
proceedings in the contempt case.
13. Sri K. Madhava Reddy shall ensure
presence of the respondent on the date fixed.
14. Let a copy of this order be served on
the learned counsel for the respondent.
15. Post on 11.07.2023.
_________
RNT, J
Dsr
