Mr. Tulluri Nageswara Rao, v. Mr. Kanthilal Dande
HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.2012 OF 2016 ORDER:
This Contempt Case is filed alleging non-implementation of the order dated 10.06.2016, passed by this Court in W.P.No.17190 of 2016.
2.
It is the contention of the learned counsel for petitioner that the petitioner made an elaborate complaint to the respondent - District Collector, Guntur District, against the mis-deeds committed by respondent No.9 - Company, thereby causing loss to the State Exchequer, however, no action has been taken. 3.
Considering the contentions raised by the learned counsel for petitioner and considering the nature of the allegations made by the petitioner against respondent No.9 - Company, this Court, by order dated 10.06.2016 passed in W.P.No.17190 of 2016, directed the 5th respondent - District Collector, Guntur District, to pass orders within two weeks from the date of receipt of a copy of the said order, while giving liberty to the petitioner to place the relevant material, as desired by him, before the District Collector. 4.
The present contempt case is filed alleging that inspite of the fact that the order in the writ petition came to be passed on 10.06.2016, no action has been taken by the District Collector, Guntur District.
5.
Pursuant to the notice ordered by this Court on 21.10.2016, a counter affidavit has been filed by the respondent on 17.11.2016, stating that the allegations of the petitioner were considered and after calling for explanation/material from the lower authorities concerned, a speaking order was passed on 15.11.2016, a copy of which is annexed to the counter affidavit.
6.
In the counter affidavit, the respondent states that, pramafacie, there is no truth in the allegations made by the petitioner against respondent No.9 - Company. The delay in passing orders has occasioned only on account of Administrative work owing to Krishna Pushkarams and thereafter the District Machinery was busy in the arrangements to be made for shifting of the Capital of the State of Andhra Pradesh from Hyderabad to Amaravathi.
7.
Inasmuch as, the speaking order dated 15.11.2016 has been passed after considering the submissions of both sides and the explanation offered for the delay in passing such orders having been found reasonable, leaving it open to the petitioner to challenge the order dated 15.11.2016 passed by the respondent - District Collector, Guntur District, if he is so advised, the contempt case is closed. No order as to costs.
__________________________________ JUSTICE CHALLA KODANDA RAM 21.11.2016.
Msr
HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.2012 OF 2016 21.11.2016 Msr