Busireddy Nageswara Rao, Vs Shri. Shasi Bhushan… — Contempt of Court | Andhra Pradesh HC (2025)

Busireddy Nageswara Rao, Vs Shri. Shasi Bhushan… — Contempt of Court | Andhra Pradesh HC (2025)

APHC010087952025

[3332]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, T H E TWENTY THIRD DAY OF DECE M BER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CONTEMPT CASE NO: 804/2025

Between:

BUSIREDDY NA G ESWARA RAO,, S/O.B.SUBBAIA H , AGED 60 YEARS, OCC C ONTRACTOR, R/O.D.NO.1-55, MEKAPADU, GUDIPADU, KAN D UKUR MANDAL, SPSRNELLORE D I STRICT

...PETITIONER

AND

SHRI SHASI BHUSHAN KUMAR I A S, S/O. N OT KNOWN, PRESENTLY W O RKING AS PRINCIPAL SEC R ETARY TO GOVERNMENT, P ANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRIC T .

SHRI PEEYUSH K UMAR I A S, S/O.NOT KNOWN, PRESENTLY WORKING AS P RINCIPAL SECRETARY TO G OVERNMENT, FINANCE AND PLANNING DEPARTMENT, S ECRETARIAT, VELAGAPUDI, AM A RAVATI, GUNTUR DISTRICT.

SHRI O ANAND I A S, S/O.NOT KNOWN, PRESENTLY WORKING AS DISTRICT COLLE C TOR, SPSR NELLORE DISTRICT A T NELLORE

SHRI Y KOTES W ARA RAO, S/O.NOT KNOWN, PRESENTLY WORKING AS EX E CUTIVE ENGINEER, PRI DIVISIO N , KANDUKUR, SPSR NELLORE DISTRICT.

SHRI SUDHAKAR, S/O.NOT KNOWN, PRESENTLY WORKING AS PANCHAYAT SE C RETARY, G.MEKAPADU GRAM A PANCHAYAT, G.MEKAPADU VI L LAGE, KANDUKUR MANDAL, S P SR NELLORE DISTRICT.

...CONTEMNOR(S):

2

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 punish the respondents for their willful disobedience of order dated 24.06.2024 passed in W.P.No.3990 of 2023 on the file of this Hon'ble Court

Counsel for the Petitioner:

1.NAGA PRAVEEN VANKAYALAPATI

Counsel for the Contemnor(S):

1.Y BALAJI

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The Court made the following order:

This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 against the respondents for willful disobedience of the order dated 24.06.2024 passed by this Court in Writ Petition No.3990 of 2023.

Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioner and Sri Y.Balaji, learned counsel for respondent No.4.

Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that when the respondent authorities failed to release the final bill including the QC (Quality Control) and SA (Social Audit) withheld amount which was deducted by the respondents from their respective bills relating to five works for Rs.7,55,295/-, the petitioner filed Writ Petition No.3990 of 2023. This Court, vide order dated 24.06.2024, directed the respondent authorities to release an amount of Rs.7,55,295/- to the petitioner within a period of eight weeks from the date of receipt of a copy of the order. Pursuant to the said order, the respondents paid major portion of the said amount. However, the remaining balance amount of Rs.1,21,656/- is yet to be paid. Despite the expiry of eight weeks time granted by this Court, the respondent authorities have failed to pay the remaining balance amount. Hence, the respondent authorities are liable for punishment for their willful disobedience of the orders of this Court.

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On the other hand, Sri Y.Balaji, learned counsel for respondent No.4, while reiterating the contents of the counter affidavit of responded No.4, contended that an amount of Rs.6,33,639/- has paid to the petitioner and the same was acknowledged on 10.07.2025. The balance amount of Rs.1,21,656/- remains payable to the petitioner and at present the work status is shown as closed. He further submitted that after providing the option in NIC software or after release of MGNREGS budget amount of Rs.1,21,656/-, the pending two work bills will be paid to the petitioner. He further submits that the respondents have the highest respect and regard for the orders of this Court and that there is no deliberate and willful disobedience of the orders of this Court. Hence, prayed to close the Contempt Case.

5. Perused the material available on record and considered the

submissions made by learned counsel for the parties.

This Court, vide dated 24.06.2024 in Writ Petition No.3990 of 2023 passed the following order:

“The respondent authorities are directed to release an amount of Rs.7,55,295/- (Rupees Seven Lakhs Fifty Five Thousand Two Hundred and Ninety Five only) to the petitioner within a period of Eight (08) weeks from the date of receipt of a copy of this order...”

It is the contention of the petitioner that pursuant to the orders of this Court, the respondents have paid major portion of the amount out of Rs.7,55,295/- and that the remaining balance amount of Rs.1,21,656/- is yet

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to be paid to the petitioner. On the other hand, learned counsel for respondent

No.4 has admitted the same and contended that at present, the work status is shown as closed and that after providing the requisite option in NIC software and after release of the MGNREGS budget amount of Rs.1,21,656/-, the pending two work bills will be paid to the petitioner.

Taking the submissions of both the learned into consideration, since the respondent authorities have admitted that they are liable to pay an amount of Rs.1,21,656/- to the petitioner, but unable to pay the same due to circumstances beyond their control, the Court is of the view that there is no deliberate or willful disobedience on the part of the respondents in non-payment of the petitioner’s bill amount within the stipulated time. Hence, there is no contempt as alleged by the petitioner and the Contempt Case is liable to be dismissed.

Accordingly, the Contempt Case is dismissed. However, the authorities shall pay the balance amount as expeditiously as possible. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any in the Contempt Case, shall stand closed.

___________________________

MP

23.12.2025

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229

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CONTEMPT CASE NO:804 of 2025

Date: 23.12.2025

MP