A v Subba Rao Vs Kanthilal Dande,I.a.S — Contempt of Court | Andhra Pradesh HC (2025)

A v Subba Rao Vs Kanthilal Dande,I.a.S — Contempt of Court | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Contempt case closed without imposing punishment, recording that the respondents implemented the writ order and paid the retiral benefits; petitioner left at liberty to file a fresh writ petition on any further cause of action; no order as to costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the respondents are guilty of wilful disobedience of this Court's order in W.P.No.18751 of 2021 dated 07.09.2022 directing release of the petitioner's retiral benefits within three months, warranting punishment under the Contempt of Courts Act, 1971.

Court's answer

Recording that the respondent authorities have implemented the writ order and paid the retiral benefits, and that the petitioner is drawing full pension, the Court closes the present Contempt Case.

Ratio / Principle

If the petitioner is aggrieved in any manner, he is at liberty to file a fresh writ petition on any further cause of action, in accordance with law; there shall be no order as to costs.

Key takeaways

Miscellaneous Petitions, if any, pending in the contempt case shall stand closed.ratio¶34

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 — Closure on compliance — W.P.No.18751 of 2021 (order dt. 07.09.2022) directed the respondents to release the retiral benefits of the petitioner, a retired Deputy Chief Engineer / Engineer-in-Chief (Fac), Tribal Welfare Department, within three months, observing that no criminal or disciplinary proceedings were pending as per Rule 9 of the A.P. Revised Pension Rules, 1980. Alleging non-compliance, Contempt Case No.2378 of 2023 was filed under Sections 10 and 12 of the Contempt of Courts Act, 1971. Pending consideration, the respondent authorities implemented the order and paid the retiral benefits, and the reply-affidavit stated that the petitioner was drawing full pension. Held: recording the said submission, the contempt case is closed; the petitioner, if aggrieved, may file a fresh writ petition on any further cause of action in accordance with law; no order as to costs; miscellaneous petitions, if any, pending in the contempt case stand closed.

[3330]

APHC010176542023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CONTEMPT CASE NO: 2378/2023

Between:

A V SUBBA RAO, S/O. LATE SURYA PRAKASHA RAO, AGED ABOUT 65 YEARS, OCC. DEPUTY CHIEF ENGINEER AND ENGINEER-IN-CHIEF (FAC) (RETD.), TRIBAL WELFARE DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, R/O. D.NO. 5-240 (15-2-46), KOTHAPETA STREET, GOLLAPROLU NAGAR PANCHAYAT, PRESENTLY KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT).

...PETITIONER

AND

KANTHILAL DANDE I A S, PRINCIPAL SECRETARY, SOCIAL WELFARE (T.W.SERVICES II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH.

SRI S SRINIVAS, , ENGINEER-IN-CHIEF, TRIBAL WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, D.NO. 406-22A, KANDWRI HOTEL ROAD, REV. COLONY, MOGHALRAJAPURAM, VIJAYAWADA -520 010. KRISHNA DISTRICT, ANDHRA PRADESH.

...CONTEMNOR(S):

Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to punish the respondents, for their willfull, deliberate

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and disobeying the orders passed by the Hon'ble High Court in W.P.No. 18751 of 2021 dated 7.9.2022 under Sections 10 to 12 of the Contempt of Courts Act and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to dispense with the presence of the petitioner herein 1st respondent on 06-11-2023 in CC No. 2378 of 2023 and to pass

Counsel for the Petitioner:

1.K SATYANARAYANA MURTHY

Counsel for the Contemnor(S):

1.M K RAJ KUMAR

2.K AMRITH RAJ

The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CONTEMPT CASE No.2378 of 2023

ORDER:

This Court disposed of W.P.No.18751 of 2021, vide order dated 07.09.2022, directing the respondents to release the retiral benefits due to the petitioner within a period of three months from the date of receipt of a copy of the order, having observed that no criminal or disciplinary proceedings were pending against the petitioner as per Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980. For non-compliance of the said order, present contempt case has been filed under Sections 10 and 12 of the Contempt of Courts Act, 1971.

Pending consideration of the contempt case, the respondent authorities have implemented the orders of this Court and paid the retiral benefits. In the reply-affidavit, it is stated that petitioner is drawing full pension.

Recording the said submission, the present Contempt Case is closed. If the petitioner is aggrieved in any manner, he is at liberty to file a fresh writ petition on any further cause of action, in accordance with law. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 23.12.2025 KBN

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

Contempt Case No.2378 of 2023

23.12.2025 KBN