ORDER

The above contempt case is filed complaining the non-

implementation of order dated 21.04.2023 in W.P.No.5264 of

2019.

2. Heard Sri R.Satish Babu, learned counsel for the petitioners and Sri J.Balaswami, learned counsel appearing for the respondents.

3. While disposing W.P.No.5264 of 2019, this Court directed the respondent No.3 to pass appropriate orders on the representations dated 13.06.2017 and 10.08.2018, strictly in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of the order.

4. Reply affidavit was filed by the respondent No.1. Along with the reply affidavit, proceedings of the Tahsildar, Madanapalle vide Roc.No.A/301/2023, dated 19.09.2023.

5. A perusal of said proceedings would discern that pursuant to the order of this Court dated 21.04.2023 in W.P.No.5264 of 2019, the Tahsildar, Madanapalle issued notice vide Roc.No.A/278/2023, dated 19.08.2023 and thereafter passed speaking orders vide proceedings in Roc.No.A/301/2023, dated

19.09.2023.

6. In J.S.Parihar v. Ganpat Duggar and Others1, the Hon’ble Apex Court observed as under.

“….once there is an order passed by the Government on the basis of the directions issued by the

1 (1996) 6 SCC 291

Court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the willful violation of the order. After re-exercising the judicial review in contempt proceedings, afresh direction by the learned Single Judge cannot be given to redraw the seniority list. In other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act. …”

[

7. In view of the above, since the case of petitioners was considered and speaking orders were passed, this Court is of the opinion that there is no wilful violation of orders of this Court dated 21.04.2023 in W.P.No.5264 of 2019. If the petitioners are aggrieved, they have to challenge the proceedings passed by the Tahsildar, Madanapalle vide Roc.No.A/301/2023, dated

19.09.2023.

8. Accordingly, the Contempt Case is closed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 03.11.2023 TVN

138 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE No.4677 OF 2023 Date : 03.11.2023 TVN