THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Contempt Case No.301 of 2010 ORDER: 1 This Contempt Case is filed alleging violation of the directions issued by this Court by order dated 13.08.2009 in W.P.M.P.No.21879 of 2009 in W.P.No.16662 of 2009. 2 The petitioner is a Labour Contractor Co-Operative Society Limited of Earya Thanda, Vuyyalawada, Warangal District. When it was the case of the petitioner that the respondents have recovered in excess of Rs.5.65 ps. per Kg in respect of the rice component as per the terms of the contract agreement Nos.89 of 2001 and 118 of 2002, dated 21.12.2001 and 24.01.2002 respectively, this Court directed the respondents to release the amounts recovered in excess of Rs.5.65 ps per Kg in respect of the agreements n question. In this Contempt Case, it is the case of the petitioner that in spite of such direction, the respondents have recovered more than the agreed amount and are not releasing the amounts, which are recovered in excess of Rs.5.65 per Kg. 3 When the matter was listed on 22.10.2010, as there was no representation, the same was adjourned by eight weeks. Thereafter, it is listed before this court for hearing today. Even today also when the matter is taken up for hearing, there is no representation on behalf of the petitioner. A counter affidavit has been filed by the respondents. Heard the learned Government Pleader appearing for the respondents. 4 In the counter affidavit filed by the Executive Engineer (R&B), Special Execution Division, Mahabubabad, Warangal District, while denying the allegations made by the petitioner, it is stated that the bills produced by the petitioner have been processed as per the terms and conditions of the agreement and were sent to the Pay & Accounts Officer, Hanamkonda duly effecting the recovery of rice at Rs.5.65 per Kg but not Rs.7.20 per Kg as stated by the petitioner. It is stated that the Pay & Accounts Officer, Hanamkonda, while making payment, recovered Rs.1,63,281/- and Rs.1,33,626/- kept under P.W Deposits without the consent of the Executive Engineer, duly debiting the Gross amount to the Letter of Credit in the month of February 2004. It is stated that when such an action was questioned by the respondent and after persuasion of the petitioner, the Pay & Accounts Officer had made part payment of Rs.90,481/- and Rs.1,03,141/- vide Cheque No.379942 dated 05.06.2004. It is also stated that the respondents have submitted a hand receipt for payment of balance amounts lying with the Pay & Accounts Officer. It is categorically stated in the counter affidavit that the respondents have not recovered any amounts in excess of Rs.5.65 per Kg in respect of rice component as per the terms of the contract agreement. 5 From the counter affidavit filed by the respondent, it is clear that the respondents have not recovered any amounts in excess of Rs.5.65 per Kg in respect of the rice component as per the terms of the contract agreement in question. In that view of the matter, it cannot be said that the respondents have committed any contempt in violation of the directions of this Court in W.P.M.P.No.21879 of 2009 in W.P.No.16662 of 2009 dated 13.08.2009. 6 In that view of the matter, this Contempt Case is devoid of any merit and accordingly the same is dismissed. No costs. -------------------------- R.Subhash Reddy, J. 25.11.2011 Kvsn