The District Collector, Eluru And 2 Others v. Anitha Prabhu, W.G.Dist. And Another

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE N.BALAYOGI Contempt Case Nos.2421 and 2433 of 2016 COMMON ORDER: {Per Hon'ble Sri Justice Ramesh Ranganathan } Both these Contempt Cases are filed alleging wilful and deliberate violation of the undertaking furnished to this Court in W.A.No.1040 of 2016 dated 17.10.2016.

In the said order, a Division Bench of this Court had recorded the undertaking filed by the respondents-appellants on 15.10.2016 agreeing to make payment of the entire dues, in respect of 2015-16 crushing season, within one month from the date of filing of the undertaking. As, by the said undertaking, the respondents-appellants undertook to pay the said amount by 15.11.2016, these two contempt cases were instituted thereafter for non-payment of the said amount, and for violation of the undertaking furnished by the respondents-appellants to this Court. As the said amount was not paid by the time the contempt cases were finally heard, we had reserved orders in the contempt cases, after an elaborate hearing, on 27.07.2018.

The respondents-appellants have, thereafter, transferred a sum of Rs.19,04,00,061.36 ps by RTGS in favour of the Assistant Cane Commission, on 18.08.2018.

Learned Government Pleader for Revenue, on instructions, would submit that this amount received by the Assistant Cane Commissioner represents payment of the entire dues to farmers for the 2015-16 crushing season. While there has, undoubtedly, been an inordinate delay in complying with the undertaking furnished to this Court, the fact remains that the amount due and payable for a

sum in excess of Rs.19 Crores is considerable. As the respondents-appellants have since purged themselves of contempt by paying the entire amount due, in terms of the undertaking furnished by them to this Court, we see no reason to proceed further against the respondents-appellants under the Contempt of Courts Act.

Both the Contempt Cases are, accordingly, closed.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________________ (RAMESH RANGANATHAN, J) _______________ (N.BALAYOGI, J) 24th August, 2018 JSU

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE N.BALAYOGI Contempt Case Nos.2421 and 2433 of 2016 Date: 24.08.2018 JSU