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Judgment
Prashant Kumar Mishra, CJ
(Through physical mode)
This contempt appeal is preferred against the order, dated 10.08.2021, passed by the learned Single Judge in C.C.No.432 of 2021, holding the appellant herein guilty of contempt of Court for willful disobedience of the interim order, dated 15.02.2021 passed in I.A.No.1 of 2021 in W.P.No.3609 of 2021 and accordingly allowing the said contempt case and sentencing the appellant herein to undergo Simple Imprisonment for a period of two (02) months and to pay a fine of Rs.2,000/-, in default, to undergo Simple Imprisonment for a period of one week.
The aforesaid writ petition was preferred against the action of the respondents in executing the work by the 2nd and 3rd respondents 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 T.P Kovvada RF-II, Kotrupalli Beat of P.R Gudem Section of Kannapuram Range, West Godavari District. The said writ petition was entertained and an interim order was passed on 15.02.2021 directing 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.
It is common ground that during the pendency of this contempt appeal, the main writ petition itself was dismissed by the learned Single Judge, vide order dated 12.08.2021. Moreover, the respondents have stated in their counter affidavit in this contempt appeal that the subject work was carried out departmentally and not by entrusting the work to anybody through a tender process.
In view of the aforesaid, as the writ petition itself was dismissed on merits merging the interim order with itself and also for the reason that the work was carried out departmentally and not through anybody by tender process, we are satisfied that there was no ground for punishing the contemnors for violation of the interim order.
Accordingly, the impugned order, dated 10.08.2021, passed by the learned Single Judge in C.C.No.432 of 2021 is set aside.
The Contempt Appeal is accordingly disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.
No costs.
Pending miscellaneous applications, if any, shall stand closed.