K MENAKENATHANA REDDY Vs. CHIPPAGIRI MINERALS AND CHEMICALS

JUDGEMENT

(1.) By the order under appeal, the learned Single Judge having opined that the appellants herein who are respondents 1 and 2 in the contempt case have committed contempt of the Court's order dt. 16-8-1988 in W.P.No. 10938 of 1988, found them guilty of the contempt of court and accordingly, convicted them under Section 12 of the Contempt of Courts Act, 1971 and they are sentenced to pay a fine of Rs. 2000.00 each, and in default, to suffer simple imprisonment for a period of 15 days.

(2.) Before the learned Single Judge, it was submitted on behalf of the appellants herein that having regard to the judgments of the Full Bench in W.P.No. 9776 of 1993 and in L. Venkateswara Rao v. Singareni Collieries, the directions of the learned Single Judge issued in W.P.No. 10938 of 1988 were not complied with. Having heard the learned Counsel for the parties, we find that unfortunately for the State and the appellants herein, the provisions of Rule 10 of the A.P. Minor Mineral Concession Rules, 1966 and entry II of Schedule I appended to Rule 10 were not brought to the notice of the learned Judge who disposed of W.P. No. 10938 of 1988. It is stated that the learned Judge in the aforementioned writ petition was dealing with the burnt lime and if that is so, burnt lime squarely falls within entry II of Schedule I because that entry reads as follows:

(3.) In that view of the matter, we do not think that it is a fit case where the appellants herein should be punished. It is not that the Court should punish each and every one who has violated the Court's order. In order to punish in contempt proceedings, the persons against whom complaint is made should not only disobey the Courts order but such disobedience is shown to be deliberate and wanton.