K.Eswara Rao v. Sri S.P.Tucker, I.A.S.,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE S.V. BHATT CONTEMPT CASE NO.1114 OF 2016 ORDER:

Smt. B. Rachna, Learned Counsel for the petitioner would draw our attention to the Government of Andhra Pradesh memo dated 23.06.2015 wherein it is recorded that the process of entrusting the work of the EPC tender contract is in progress, and it may take 3 to 4 months. Relying on the said memo, Learned Counsel would submit that, since this memo dated 23.06.2015 has been referred to in the order passed in PIL No.93 of 2015 dated 24.06.2015, the Division bench intended that construction of the High Level Single Lane Bridge should be completed within the aforesaid period of 3 to 4 months; and failure of the respondents to complete construction is an act of wilful and deliberate violation of the order of this Court. We must express our inability to agree.

While disposing of the Public Interest Litigation as not pressed, the Division bench expressed its hope and trust that the concerned department of the Government will complete the construction of High Level Single Lane Bridge expeditiously. Neither was any direction issued to the respondent to complete construction, nor was a time frame stipulated for such construction. The jurisdiction which this Court would exercise, under the Contempt of Courts Act, is only if there is a wilful and deliberate violation of the order of this Court. As there is no order which can be said to have been violated, much less wilfully and deliberately, we see no reason to proceed against the respondents under the Contempt of Courts Act. The Contempt Case is, accordingly, closed.

Date: 19.8.2016 ________________ S.V. BHATT, J MRKR