This contempt case was filed under the Contempt of Courts Act for willful disobedience of an order dated 21.10.2020. The 2nd respondent filed a counter stating they complied with the order, which the petitioner refused to obey. The court held no cause of action survived and closed the case.
Contempt case closed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE D.RAMESH
CONTEMPT CASE NO.59 OF 2021
ORDER:-
The Contempt Case is filed under Section 10 to 12 of Contempt of Courts Act seeking to punish the respondents for their willful disobedience of the orders of this Court dated 21.10.2020 passed in W.P.No.18553 of 2020.
In Writ Petition No.18553 of 2020 vide order dated 21.10.2020,
this Court has ordered as follows:
“In view of the above circumstances, with a similar direction, this matter is also disposed of, directing the respondent to deliver the essential commodities to the petitioner on her paying the due amount by following the rules. This order is however, without prejudice to the right of the respondents to initiate action against the petitioner, in case she commits any irregularities, and this order is also without prejudice to the rights of the respondent authorities to appoint a regular dealer by following due process of law”.
After notice in this contempt case, the 2nd respondent herein has filed counter. In the counter at paragraph number 5, the 2nd respondent has stated that:
“ It is submitted that, the orders passed by this Hon’ble High Court was received on 07.12.2020 in the 3rd respondent’s office. The 2nd respondent has also addressed a letter vide Rc.No.2787/2020/C, dated 09.12.2020 to the 3rd respondent herein directing him to implement the orders passed by this Hon’ble High Court. In compliance of the orders of this Hon’ble High Court, the 3rd respondent herein has issued a notice to the petitioner on 09.12.2020 requesting her to pay the requisite amount for procuring the essential commodities for the month of December, 2020 as directed by the Hon’ble Court. The said notice has been served to the petitioner through the Village Revenue Officer, Konduru, which the petitioner refused to receive. As such the Village Revenue Officer, Konduru affixed the said notice on the door of the petitioner’s house and endorsed on the served copy dated 09.12.2020 itself”.
2
In view of the reasons mentioned in paragraph no.5 of the counter, the respondents have not violated the orders of this Court. In fact as per the averments in the counter, the petitioner has not complied the orders passed by this Court. In view of the same, no cause of action survives in this contempt case.
Accordingly, this contempt case is closed. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall
stand closed.
______________________ JUSTICE D.RAMESH
Date: 06.7.2021 RD
3
THE HONOURABLE SRI JUSTICE D.RAMESH
CONTEMPT CASE NO.59 OF 2021
Dated 06.7.2021
RD
3 issues framed by the court
Whether the respondents violated the orders of this Court.
Whether the cause of action survives for punishment in the contempt case given the petitioner's non-compliance.
Whether the contempt case should be closed.
1 provisions across 1 enactments
Petitioner
2nd Respondent
3rd Respondent
D.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
