Andhra Pradesh High Court - Amravati
Atc Telecom Infrastructure Private ... vs Mr Ramesh Babu on 1 December, 2021
Author: Battu Devanand
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
Contempt Case No.1836 of 2021
ORDER:-
Heard Sri Ganta Rama Rao, learned Senior Counsel, representing Sri Ghanta Sridhar, learned counsel for the petitioner on record, and the learned counsel for the respondent.
02. This Contempt Case has been filed complaining willful disobedience of the respondent in implementing the Order dated 17.09.2021 in I.A.No.1 of 2021 in W.P.No.20461 of 2021.
03. At the stage of admission of the Writ Petition, this Court passed the following Order as extracted hereunder:
" Heard Sri Ghanta Rama Rao, learned Senior Counsel appearing on behalf of Sri Ghanta Sridhar, learned counsel appearing for the petitioner on record and Sri I. Koti Reddy, learned Standing Counsel appearing for R.2. Perused the material available on record.
It is submitted by the learned Senior Counsel that the petitioner was granted permission to erect ground based Tele Communication Tower in Plot No.4 of Survey No.178, situated at Nidigatla Village, Korukonda Mandal, East Godavari District, vide proceedings dated 01.06.2021. When the installation of the said tower is under process, R.2 issued proceedings in Rc.No.15/2021, dt. 18.08.2021 cancelling the permission granted on 01.06.2021.
Upon perusal of the proceedings dated 18.08.2021, it appears, basing on the representation of the villagers objecting for installation of the Tele Communication tower, the cancellation order is passed.
Learned Senior Counsel brought to the notice of this Court that the impugned Order is passed without 2 issuing any notice to the petitioner, which is in violation of principles of natural Justice.
Having heard the submissions of learned counsel for the petitioner and upon perusal of the material available on record, particularly, the proceedings filed at page No.10 of the material papers, this Court prima facie satisfied that the respondent No.2 without issuing any notice, cancelled the permission granted on 01.06.2021 by proceedings dated 18.08.2021, which is in violation of principles of natural justice.
Accordingly, there shall be interim suspension as prayed for. "
04. Learned counsel for the petitioner submitted that subsequent to receipt of the Order of this Court dated 17.09.2021, the respondent issued Notice dated 18.10.2021. In the said Notice dated 18.10.2021 at paragraph No.5, the respondent instructed the petitioner as extracted hereunder:
" In view of the above, I, Panchayat Secretary, Nidigatla hereby informing you that this Office has to file Counter Affidavit on 22.10.2021 in Hon'ble High Court of Andhra Pradesh as said in para No.2 above, and also have to resolve Spandana time bound complaint on or before 09.11.2021 as said in para-4 above, both on the same subject. Therefore, you are hereby directed to hault temporarily, the ongoing erection of Telecommunication Tower in the Gram Panchayat until further orders from the Hon'ble High Court of Andhra Pradesh after filing of the Counter Affidavit by the undersigned on 22.10.2021. Meanwhile, your company representatives shall attend Gram Panchayat on a particular day and have to give explanation to the people opposing telecommunication tower and try to convince them by redressing their doubts related to radiation and consequent health hazards".3
05. Learned counsel further submits that on careful examination of the averments in the Notice dated 18.10.2021, it is clear that the respondent willfully disobeyed the orders passed by this Court and sought to punish the respondent in accordance with the provisions of the Contempt of Court Act.
06. A counter Affidavit has been filed on behalf of respondent. At para No.5 of the Counter Affidavit, the respondent contended as extracted hereunder:
" I humbly submit that the villagers have put pressure on me for stopping the erection of cell tower. In spite of informing the villagers about the order passed by the Hon'ble Court, I was pressurized to issue the notice for stopping the erection of the cell tower temporarily. But I never stopped the work, though I issued the notice inadvertently under the pressure. I could not bear their pressures, since I am suffering with tension problem, issued such notice. However, I never stopped the work of erecting the cell tower. The erection of cell tower has been completed one month back and he is in operation. Hence, I am tendering unconditional apology for issuance of notice which was issued under tremendous pressure put by the villagers. I have no intention at any point of time to stop the cell tower as cell tower is necessary for the villages as well as panchayat office to get the internet access. By considering the mistake was happened inadvertently under the pressure of the villagers contempt case may be closed by accepting my unconditional apology. "
07. Sri I. Koti Reddy, learned counsel for the respondent, submits that the respondent under pressure of work issued the said Notice dated 18.10.2021 and the respondent has no intention to stop the cell tower and he has no intention to disobey the orders passed by this Court. 4
08. Having heard the submissions of the learned respective counsel and upon perusal of the material available on record, particularly the Notice dated 18.10.2021 issued by the respondent, in the considered opinion of this Court, the respondent committed the Contempt of Court.
09. The averments in para No.5 of the Notice dated 18.10.2021 are sufficient to come to a conclusion by this Court that the respondent has committed Contempt of Court, and as such, he is liable for punishment under the provisions of the Contempt of Court Act.
10. Accordingly, the respondent is sentenced to undergo Simple Imprisonment for a period of Seven (07) days and to pay a fine of Rs.500/-, in default, he shall undergo Simple Imprisonment for two days.
10. At this stage, Sri I. Koti Reddy, learned counsel for the respondent, requested the Court on behalf of the respondent to take some lenient view in imposing the punishment as the respondent is having a long tenure of service and the respondent, who present before the Court also undertook that he will be more careful in future in implementing the Orders of this Court. The respondent tendered his unconditional apology before this Court.
11. In consideration of all the above aspects, this Court intends to modify the punishment imposed against the respondent on humanitarian grounds as under: 5
"The respondent is sentenced to undergo imprisonment by standing in the Court till the rising of the Court today and to pay a fine of Rs.500/-."
12. Accordingly, the Contempt Case is allowed.
Miscellaneous petitions pending, if any, in this case shall stand closed.
________________________________ JUSTICE BATTU DEVANAND Date : 01.12.2021 eha 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND C.C.No.1836 of 2021 Date : 01-12-2021 eha