Contempt case alleging violation of an interim order restraining construction of a Grama Sachivalayam building in a school playground. The court found no material showing deliberate or intentional violation and closed the contempt case without costs.
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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY. THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CONTEMPT CASE NO: 105 OF 2021
Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue notice to the Respondents / Contemners herein and punish them under Sections 10 to 12 of Contempt of Courts Act, 1971 for their willful disobedience of the order passed by this Hon’ble Court in WPNo.14879 of 2020, dated 09.10.2020, further extended on 03.11.2020 and 02.12.2020.
Between:
School Education Committee, Mandal Praja Parishad Elementary School, Narayanapuram.
...PETITIONERS
AND
...CONTEMNORS
Counsel for the Petitioner : C SRI CHALASANI AJAY KUMAR
Counsel for the Respondents No1 &3 : GP FOR PANCHAYATRAJ RURAL DEV (AP)
Counsel for the Respondents : GP FOR SCHOOL EDUCATION REVENUE
The Court made the following ORDER :
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
CONTEMPT CASE No. 105 OF 2021
Paritala Srinivasa Rao, S/o late Satyam Naidu, Aged about 46 years, R/o Kotla Veedhi, Narayanapuram Village, Balijipet Mandal, Vizianagarm District, Andhra Pradesh, The Pre sident-Chairman, School Education Committee, Mandal Praja Parishad Elementary School, Narayanapuram and another.
... Petitioners
Versus
Sri Gopal Krishna Dwivedi, I.A.S., Principal Secretary to Government, The State of Andhra Pradesh, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh and three others.
... Respondents
Counsel for the petitioners : Sri Chalasani Ajay Kumar Counsel for respondents : GP for Panchayat Raj, GP for Revenue, GP for School Education and Sri N.Sri Hari, Standing Counsel.
O R D E R
The above contempt case is filed complaining the violation of the interim order dated 09.10.2020, passed in W.P.No. 14879 • - of 2020, being extended on 03.11.2020 and 02.12.2020.
Page 2 of 5
SRS, J CC No.105/2021
- Heard Sri Ch.Venkat, learned counsel representing Sri Chalasani Ajay Kumar, learned counsel for the petitioners, Sri Kiran, learned counsel appearing for the respondents 1 and 3 and Sri N.Sri Hari, learned counsel appearing for the 4*^ respondent.
- W.P.No. 14879 of 2020 was filed seeking the following relief:
...to issue a Writ of MANDAMUS, declaring the actionof the respondents in constructing the Grama Sacheevalayam” (Village secretariat) Building in the Playground of Mandal Praja Parishad Elementary School, Narayanapuram, Narayanapuram Vilalge, Balijipet Mandal, Vizianagaram District, Andhra Pradesh, as illegal, arbitrary and in violation of Article 21 and 21-A of Constitution of India, National Policy on Education and the provisions of Right to Education Act..”
On 09.10.2020, this Court passed the following order:
“...Learned Government Pleader for Panchayat Raj takes notice for respondent Nos.l and 3, learned Government Pleader for School Education takes notice for respondent No.2 and Sri I.Koti Reddy, learned Standing Counselfor Grama Panchayat takes notice for respondent No.4 and seek time to file counter.
Page 3 of 5
SRS, J CC No.105/2021
The contention of the learned counsel for the petitioners is that the respondent-authorities are constructing Grama Sachivalayam (Village Secretariat) Building inthe playground of Mandal Praja Parishad Elementary School which is contrary to the directions given by this Courtin W.P.No.120 of 2020. Learned Standing Counsel Sri l.Koti Reddy, appearingfor respondent No.4 submits that the Grama Sachivalayam is not being constructed within the premises of theplay ground of the school and that it is being constructed where old Grama Panchayat building was existing after demolishing the same.
In view of the above, respondent No.4 is directed notto construct the Grama Sachivalayam (Village Secretariat) Building in the play ground of the school...”
- Thus, while granting interim order, the Court directed4^ respondent not to construct Grama Sachivalayam buildingin the playground of school. However, the court also recordedthe submission of learned Standing Counsel that Grama Sachivayalam is not being constructed within the premisesof playground of school and in fact it was constructedwherethe old grama panchayat building existed. No material isplacedin this contempt case about the violation of the orderpassedbythe f Court.
Page 4 of 5
SRSJ CC No.105/2021
- In the absence of any material regarding violation of the order deliberately and intentionally, this court doesn’t find any merit in the contempt case and the order dated 09.10.2020 iIS not violated.
- Accordingly, the contempt case is closed. No costs.
As a sequel. pending miscellaneous petitions, if any, shall
stand dismissed.
SDI- SK.MOHAMMED RAFI
ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
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HIGH COURT
DATED: 15/02/2024
ORDER
CC.No.105 of 2021
S t 2 AUG 202ii I
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CLOSING THE CONTEMPT CASE
1 issue framed by the court
Whether the interim order dated 09.10.2020 in WP No.14879 of 2020 restraining construction of a Grama Sachivalayam in the school playground was willfully violated.
1 provisions across 1 enactments
Paritala Srinivasa Rao
Kotia Pakeeru Naidu
Sri Gopal Krishna Dwivedi
Sri Budithi Raja Sekhar
Dr. M. Hari Jawaharlal
Sri B. Appa Rao
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
