Andhra Pradesh High Court - Amravati
P Lohith vs Sheik Jareena, on 6 December, 2021
Author: Battu Devanand
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
Contempt Case No.1441 of 2021
ORDER:-
This Contempt Case has been filed complaining willful disobedience on the part of respondent No.1 in implementing the Orders dated 15.02.2021 in I.A.No.1 of 2021 in W.P.No.3550 of 2021.
02. This Court passed interim direction to respondent Nos. 3 and 4 in W.P.No.3550 of 2021 to consider and issue fresh Community Certificate to the petitioners certifying as "Perika Balija ( BC-B)" relying on the certificates issued previously by the competent authority within a period of Four (04) weeks from the date of receipt of a copy of the Order by following the procedure provided under the relevant Act and Rules pending further orders.
03. As the order of this Court is not complied with by respondent No.1 herein, the present Contempt Case has been filed.
04. Respondent No.1 filed Counter Affidavit, wherein it is stated that she issued endorsement rejecting the claim of the petitioners dated 25.03.2021 and as such there is no contempt on her part.
05. On perusal of the endorsement dated 25.03.2021 issued by respondent No.1, this Court expressed its prima facie view that there is willful disobedience on the part of respondent 2 No.1 in implementing the order. Then, respondent No.1 sought time to implement the order of the Court. But she is not in a position to implement the order due to the reason that she was transferred from the Post of Tahsildar, Chinnagottigallu Mandal and the new incumbent is not cooperating with her. Under these circumstances, the petitioner filed impled petition to implead the incumbent and the same was ordered by this Court in I.A.No.1 of 2021, dated 22.10.2021 and issued Notice in Form-1 to respondent No.2.
06. Today, respondent Nos. 1 and 2 present before this Court.
07. Learned counsel appearing for the respondents submits that on 22.10.2021, respondent No.2 issued Community Certificates in favour of petitioners and accordingly, the order of this Court was complied with and sought to close the Contempt Case against the respondents.
08. Learned counsel for the petitioners also accepted that Community Certificates were issued in favour of the petitioners on 22.10.2021.
09. However, having regard to the facts and circumstances of the case, in the considered opinion of this Court, respondent No.1 did not implement the order of the Court in true spirit within the time stipulated by the Court. Accordingly, in our view, respondent No.1 committed Contempt of Court and accordingly, she is liable for 3 punishment under the provisions of the Contempt of Court Act.
10. When this Court asked respondent No.1 with regard to the punishment to be imposed against her, she requested to pardon her and tendered unconditional apology.
11. Considering the facts and circumstances of the case and as already the order of this Court is implemented, in the considered opinion of this Court, it is appropriate to close the Contempt Case accepting the unconditional apology tendered by respondent No.1 and placing on record the undertaking given by her that she will be more careful in future in implementing the orders of this Court. As the direction is implemented by respondent No.1, in our considered view, it is appropriate to close the Contempt Case placing the undertaken given by respondent No.1 on record.
12. Accordingly, the Contempt Case is closed.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
________________________________ JUSTICE BATTU DEVANAND Date : 06.12.2021 eha 4 THE HONOURABLE SRI JUSTICE BATTU DEVANAND C.C. No.1441 of 2021 Date : 06-12-2021 eha