APHC010094262026 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 808/2026 Between:

1. M SAI SREEKAR REDDY, S/O.JANARDHAN REDDY, AGED ABOUT 30 YEARS, OCC CONTRACTOR, R/O.D.NO.27-1-381, REDDY AND REDDY COLONY, BALAJI NAGAR, NELLORE, SPSR NELLORE DISTRICT,524002.

...PETITIONER AND

1. G SAI PRASAD I A S, PRINCIPAL SECRETARY STATE OF ANDHRA PRADESH, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI,522237.

2. S RI MOHAMMED SABJAN SHAIK, SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT,524001.

3. S RI DESI NAIK, EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT NELLORE CENTRAL DIVISION, SPSR NELLORE DISTRICT524001.

4. S RI PEEYUSH KUMAR I A S, PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, 522237.

...CONTEMNOR(S):

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 pleased to punish the respondents under Sec. 10 to 12 of the Contempt of Courts Act for willfully and deliberately flouted the orders dt.24-01-2024 passed in W.P.No. 22787 of 2022 IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 246 days in filing the contempt case Counsel for the Petitioner:

1. MANTAPAMPALLE RAMPRASAD Counsel for the Contemnor(S):

1.

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I.A.No.1 of 2026 in/and CONTEMPT CASE NO: 808/2026

COMMON ORDER:

I.A.No.1 of 2026 is filed seeking to condone the delay of

246 days in filing the contempt case.

2. The contempt case is filed against the respondents for willful disobedience of the orders dated 24.01.2024 passed by this Court in W.P.No.22787 of 2022.

3. Heard the learned counsel for the petitioner.

4. Learned counsel for the petitioner submits that I.A.No.1 of 2026 is filed seeking to condone the delay in filing the contempt case and the contempt case is filed alleging that orders of this Court dated 24.01.2024 are not complied with as directed by this Court.

5. This Contempt has been filed after expiry of one year from the date of alleged contempt. There is 246 days delay in filing the contempt case.

6. Learned counsel for the petitioner submits that he has filed an application i.e., I.A.No.1 of 2026 to condone the delay in filing the contempt petition, under Section 5 of the Limitation Act.

7. Section 20 of the Contempt of Courts Act, 1971 provides as under:

“No Court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed”.

8. The Contempt of Courts Act, 1971 neither provides for condonation of delay in filing the contempt petition nor applies the provision of the Limitation Act, Section 5 or any other provision for condonation of delay.

9. In S.Tirupathi Rao v. M.Lingamaiah, 2024 SCC OnLine SC 1764 the Hon’ble Apex Court has held that the statute refers to a specific time limit of one year from the date of alleged contempt for proceedings to be initiated. It was further held that the action should be brought

within a year, and not beyond, irrespective of when the proceedings to punish for contempt are actually initiated by the High Court. The Hon’ble Apex Court further observed and held that the express negative phraseology used in Section 20 of the Contempt Courts Act, as a legislative injunction, places a fetter on the Court’s power to initiate proceedings for contempt unless the petition/application is presented within the time-frame stipulated therein.

10. Para Nos. 53 & 54 in S.Tirupathi Rao (supra) read as un