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1965 Supreme(AP) 144

Andhra Pradesh High Court
Judges : JAGMOHAN REDDY, VENKATESAM
Taluri Seshaiah - Appellant
Versus
M.Narayan Rao - Respondent
Decided On : 07-08-65

Public officers must comply with court orders forthwith, without waiting for instructions from their superiors.

Headnote:

CONTEMPT OF COURT - DISOBEDIENCE OF COURT ORDER - EXCUSE OF WAITING FOR INSTRUCTIONS FROM SUPERIORS NOT ACCEPTABLE - PUBLIC OFFICERS MUST COMPLY WITH COURT ORDERS FORTHWITH - GOVERNMENT SHOULD ISSUE INSTRUCTIONS TO SUBORDINATE OFFICIALS ON SERIOUS CONSEQUENCES OF NON-COMPLIANCE.

Fact of the Case:

The petitioner filed a contempt petition against the respondent, a Tahsildar, for not releasing the petitioner's cattle despite a court order directing their release upon furnishing security. The petitioner alleged that the Tahsildar had refused to accept the security bond and insisted on cash security, which was not required by the court order.

Finding of the Court:

The court found that the petitioner had not furnished the security bond at the time the court order was passed, and that the Tahsildar had not insisted on cash security. However, the court also found that the Tahsildar had not complied with the court order forthwith, but had instead waited for instructions from his superiors.

Issues: Whether the petitioner had furnished the security bond at the time the court order was passed.

Ratio Decidendi: The court held that the Tahsildar's excuse of waiting for instructions from his superiors was not acceptable, and that public officers must comply with court orders forthwith. The court also held that the Government should issue instructions to subordinate officials on the serious consequences of non-compliance with court orders.

Final Decision: The court dismissed the contempt petition, accepting the Tahsildar's unconditional apology.

JAGANMOHAN REDDY, J.

( 1 ) THIS application seeks to have the respondent committed for contempt of the orders of this Court passed on 5-5-1965 in C. M. p. n. 4013/65 in W. P. 1068/63. It appears that in C. M. P. No. 2916/65 in W. P. 1068/63, Gopalakrishnan Nair, J. by an order dated 31-3-1965, directed the Tashildar, Burgampad, to release the cattle belonging to the petitioners on condition that the petitioners should furnish security to the satisfaction of the Tashildar for a sum of Rs. 4000 within two weeks from that date. During the vacation, the petitioners filed an affidavit stating that pursuant to the orders passed on 31-3-1965 they had given security before the Tashildar on 14-4-65 that in spit of it, the Tashildar is not releasing the cattle and that uptill then 19 cattle have died due to starvation. They have also stated that on 9-4-1965, they furnished a security bond for Rs. 4000 in the Tashil Office, giving their own patta land of Ac. 31. 00, assessed at Rs 92. 50, but that the Tahsildar, out of malice and personal enmity, returned the security bond and stated that he would not be satisfied with any security other than cash. It was further averred that on 9-3-1965, i. e. a month prior to the alleged furnishing of the security bond the Tashildar lodged a false complaint with the police against both the petitioners, and got them arrested, that he complained that they (the petitioners) had abused him and tried to attack him with shoes that the police had filed a charge sheet against them on 12-4-1965 and that due to this enmity, it was humanly impossible to satisfy the Tashildar with any security.

( 2 ) ON these representations, our learned brother, Kumarayya, J. , passed the following orders on 5-5-1965 in C. M. P. No. 4013/65:"the Tashildar under an erroneous impression that the petitioners have to deposit a sum of Rs. 4000 is reported to have refused to accept the security furnished by the petitioners within two weeks from the date of the order of this Court. What the order contemplated was security and not cash deposit. Security of immovable property must satisfy the Tashildar. If he has not accepted the same, it means that he has not understood the tenor, purport of the implications of the order. Since the petitioners have done their duty, the Government Pleader has no objection if the cattle are directed to be released. They will be released forthwith. "this order though addressed to the Deputy Secretary to the Government, who was the only respondent to the Writ Petition was a direction to the Tashildar. It is alleged in the affidavit of one Hari Subbaro, Advocate, resident of Khammam, engaged by the petitioners, that he filed a petition before the Tashildar of Burgampad on 10-5-1965, that he also enclosed with that petition a carbon copy of the High Courts order dated 5-5-1965 in C. M. P. No. 4013/65 in Writ Petition No. 1068/63, that the Tashildar read it but actually did not pass any orders on the petition for the relase of the cattle, that again on 13-5-1965, he filed another petition by way of reminder, for the release of the cattle, that the Tashildar orally told him that he was waiting for appropriate direction from his superiors and that he would not release the cattle unless he receives orders from his superiors, and that he also refused to give an acknowledgment receipt of that petition and as such, it was sent by registered post. At the time when the matter came up in the Vacation Court before a Bench consisting of our learned brothers, Kumarayya and Narasimham, JJ. , it was there stated:"as there is no controversy before us that security as directed by this Court has been furnished, notice will issue to the respondent, returnable by 7-6-1965. "even to this contempt petition, the Tashildar was not made a party, but subsequently his name was brought on record, and the original respondent was given up. Then in Appln. No. 63/65 we passed an order directing the release of the cattle to the petitioners fo







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