O R D E R:

This Contempt Case has been filed seeking to punish the respondents for violation of the orders, dated 15.02.2021 passed in I.A.No.1 of 2021 in W.P.No.3609 of

2021.

2) The petitioner filed W.P.No.3609 of 2021 praying to declare the action of the respondents in executing the work by the respondent Nos.2 and 3 is against G.O.Ms.No.171 M.A., dated 01.05.2004 and without opening the finance bid of petitioner towards the tender notification in proceedings Rc.No.1469/2020/S4(II), dated 12.01.2021 for transportation of Teak timber (Final Harvesting) I 1967 TP Kovvada RF-II, Kotrupalli Beat of P.R.Gudem Section of Kannapuram Range, West Godavari District, as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India.

3) Along with the writ petition, the petitioner filed an Interlocutory Application with a prayer to direct the respondents to stop the work made by respondent Nos.2 and 3, henchmen and followers against tender notification vide proceedings Rc.No.1469/2020/S4(II), dated 12.01.2021 for transportation of Teak timber (Final Harvesting) I 1967 TP Kovvada RF-II, Kotrupalli Beat of P.R.Gudem Section of Kannapuram Range, West Godavari District, to open the commercial bid of the petitioner to finalize the tender notification.

4) The writ petition came up for admission before the Court on 15.02.2021. After hearing both sides counsel the following order is passed:

"Heard Sri P.Narahari Babu, learned counsel for the petitioner, the learned Government Pleader for Forests and perused the record.

It is submitted by the learned Government Pleader that due to Panchayat Elections, the tender process was not completed yet.

On the other hand, the learned counsel for the petitioner submits that the respondents are executing the work through their henchmen and followers against the work mentioned in the tender notification dated 12.01.2021.

Having considered the submissions of both the counsel, in the opinion of this Court, this is a fit case to grant interim direction to the respondents.

Accordingly, there shall be an interim direction to the respondents not to execute the work with anybody for the works which were mentioned in the tender notification, dated 12.01.2021, till finalization of the tender process.”

5) Complaining that the respondents violated the orders of the Court, dated 15.02.2021, the present contempt case is filed.

6) The respondents filed their counter-affidavits.

7) Heard learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent and perused the entire material available on record.

8) Having heard the submissions of the learned counsel appearing for the 1st respondent and upon perusal of the averments made in the reply filed by the 1st respondent, this Court opined that there is no any role on the part of the 1st respondent in implementing or violating the orders of this Court, dated 15.02.2021 and accordingly, by order, dated 30.03.2021, the contempt case is closed against the 1st respondent.

9) The 2nd respondent filed reply affidavit and subsequently an additional affidavit also filed. In the reply affidavit filed by the 2nd respondent in the month of March, 2021 at para No.5, it is contended as extracted hereunder:

It is respectfully submitted that, the Government Pleader for Forests has intimated that this Hon’ble High Court has granted the above interim orders on 15.02.2021 at 1-30 p.m. It is pertinent to submit here that even prior to the said intimation the e-tender was cancelled online on 15.02.2021 at 11-35 am itself and the EMD was also refunded to the petitioner along with other 2 participants. Thus, the above extraction work of timber which was taken up departmentally was continued and 57.50% of work was also completed as on 17.03.2021 i.e., the date of approval of counter. As per the tender condition No.21 of the tender notification, the Forest Department reserves the right to accept or reject any tender or all tenders without assigning any reasons thereof