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2023 DIGILAW 161 (AP)

In Re v. K. L. Prabhakar Rao

2023-01-19

BATTU DEVANAND

body2023
JUDGMENT Battu Devanand, J. - This contempt case is initiated suo-moto by this Court against the willful and intentional disobedience of the action of the respondent in complying with the orders of this Court. 2. Heard the learned Advocate General for the State and Sri Kiran Kumar Vadlamudi, learned counsel for the respondent and perused the record. 3. Originally a Writ Petition No. 16179 of 2021 was filed against the action of the Panchayat Secretary of G-Singavaram Panchayat, Kurnool Mandal and District, A.P. in issuing notice to the petitioner therein asking him to submit explanation as to why the petitioner is not signing on the cheques for payment for construction of Village Sachivalayam by notice dated 24.07.2021 and also against the action of the respondent Nos.6, 7 and 10 therein for constructing Sachivalayam in Irrigation Department land without having any permission from the Irrigation Department. 4. This Court while ordering notice to the respondent in the Writ Petition by order dated 10.08.2021 in I.A.No.1 of 2021 directed the respondent to stop the construction of Village Secretariat building in the irrigation department land admeasuring 0.25 cents in Sy.No.355/7 at G.Singavaram Village, Kurnool District, pending further orders. 5. This Court also passed an order in 1.A.No.02 of 2021, suspending the Notice dated 24.07.2021 issued by the Panchayat Secretary, pending further orders. 6. While, the said orders passed by this Court are subsisting, Learned counsel for the petitioner in the said Writ Petition brought to the notice of this Court that the respondent No.7 therein, who is the respondent in this Contempt Case i.e, the District Panchayat Officer, Kurnool District passed an order in Roc.No 1506/Pts/A2/2021, dt.25.08.2021, freezing the cheque drawing power of the Sarpanch specifically for the Account No.36936778447 at SBI Main Branch, Kurnool, until further orders and he passed further orders authorizing the Extension Officer (PR & RD), Kurnool, to draw the funds adjusted under MGNREGS credited in the said account, with the second signature of Panchayat Secretary G.Singavaram with a direction to clear the payments to the agencies under material component released for the construction of the Gram Sachivalayam Building. 7. In the said proceedings, the respondent No. 7 opined that interim orders passed by this Court to stop the construction of Gram Sachivalayam and suspending the notice issued to the Sarpanch is not a bar to make the payment for the persons who made part construction of Gram Sachivalayam. 7. In the said proceedings, the respondent No. 7 opined that interim orders passed by this Court to stop the construction of Gram Sachivalayam and suspending the notice issued to the Sarpanch is not a bar to make the payment for the persons who made part construction of Gram Sachivalayam. On perusal of the Order passed by the Respondent No.7 dated 25.08.2021 this Court is of the prima facie view that the respondent, with intention to circumvent the interim orders passed by this Court in W.P. No.16179 of 2021 passed order dated 25.08.2021. Under the circumstances, this Court directed the Registry to initiate suo-moto contempt proceedings against the respondent. 8. After serving notice to the respondent, a counter affidavit has been filed on behalf of him. In the said counter affidavit though, he made several contentions, he accepted at paragraph No.6 of the counter affidavit that he committed mistake of interpreting the orders of this court in such a manner. The relevant paragraph of the order dated 25.08.2021 passed by respondent is extracted hereinunder:- '...and whereas, the Hon'ble High Court of Andhra Pradesh had issued interim orders to stop construction of Gram Sachivalayam and also suspended the notice of the Sarpanch but it is not a bar to make the payment for the building portion of Gram Sachivalayam already constructed up to grade beem level'. 9. On careful examination of the entire facts and circumstances of the case, it is an admitted fact that the respondents proposed to construct Village Secretariat in the land of the Irrigation Department without any permission from the Irrigation Department. It is also a settled Law that no construction shall be made in the water bodies. As such, the administrative sanction granted by the concerned officers to construct Village Secretariat in the Irrigation land is illegal and against to the settled Law. 10. It is also a settled Law that no construction shall be made in the water bodies. As such, the administrative sanction granted by the concerned officers to construct Village Secretariat in the Irrigation land is illegal and against to the settled Law. 10. As and when this Court directed the respondents to stop the construction of the Village Secretariat in the Irrigation land and suspended the notice issued to the Sarpanch, the action of the respondent in issuing order dated 25.08.2021 freezing the cheque power of the Sarpanch and authorizing the said power to the extension Officer of Panchayati Raj Department, it appears only with intention to do undue favour to those persons who are involved in the illegal construction of Village Secretariat in the Irrigation land which would cause irreparable loss to the Public Exchequer. The respondent not only made attempt to circumvent the orders passed by this Court in Writ Petition No.16179 of 2021, but also he made an attempt to cause loss to the Public Exchequer. 11. On careful perusal of the entire facts and circumstances of the case, action of the respondent is deliberate and willful which amounts to contempt of Court. 12. As such, in the considered opinion of this Court, the respondent is found guilty of Contempt of Court and he is liable for punishment under the provisions of the Contempt of Court Act. 13. Accordingly, the Contempt Case is allowed and the Contemnors are sentenced to undergo Simple Imprisonment for one (1) week and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, they shall undergo Simple Imprisonment for two (02) days. 14. There shall be no order as to costs. 15. Miscellaneous petitions pending, if any, in this case shall stand closed. 16. After pronouncing the above order, learned counsel for the contemnor requested this Court to suspend the above order, so as to enable him to prefer an appeal. 17. At request of the learned counsel for the Contemnor, the above order is suspended for a period of one (01) week. In case, no appeal is preferred or no stay is granted by the Appellate Court in the appeal, if any preferred, the Contemnor shall surrender before the Registrar (Judicial), High Court of Andhra Pradesh on 25.01.2023 before 05.00 P.M to undergo sentence.