AND NANDIKONDA CONTEMPT CASE No.2878 of 2025 ORDER : (per Hon’ble Sri Justice P.Sam Koshy)

The present Contempt Case has been filed alleging willful non-compliance so far as the observation made by this Bench while deciding relief No.2 in a writ petition No.32164 of 2024 while deciding the said issue, this Bench had made the following observation:

13. As far as service of notice being served in advance to the other side (i.e., respondent(s)) or to the parties is concerned, we are of the considered opinion that Rule 6(b) (referred above) makes it very clear that if the respondent’s counsel has accepted the notice in advance and has given proof of acceptance to the counsel for petitioner and which is attached by way of an additional affidavit along with proof of service to the writ petition, then the Registry cannot insist upon for submission of extra set of copies of the writ petition with covers and necessary processing fee with advance copy of the writ petition. At this juncture, we would also like to clarify that so far as proceedings in accordance with the Rules particularly Rule 6 as also Rule 10 of the above Rules would govern the field and the petitioner would be required to adhere to the same.

2. However, the learned counsel for the petitioner submits that inspite of the direction, the Registry is till date still insisting upon for the processing fee and payment for subsequent covers and Rule Nisi forms at the time of filing of the writ petition and also are insisting of certain compliances which are not otherwise mandatory or are only optional.

3. Given the aforesaid observations made in paragraph No.13 of the order passed by this Bench, we do not find any good reason why the said observations should not be complied with or is being ignored or avoided.

4. Without expressing any further opinion at this juncture, we only dispose of the present contempt case permitting the petitioner to approach the 2^nd respondent who in turn shall scrutinize the same and take appropriate steps in ensuring that the order passed by this Bench particularly in respect of issues that stands decided with the observations made in paragraph No.13 which is reflected in the preceding paragraph are adhered to and complied with.

5. Accordingly, the contempt case is disposed of. No order as to costs.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

P.SAM KOSHY, J

NARSING RAO NANDIKONDA, J

16.10.2025

AQS