TALURI SESHAIAH Vs. M NARAYAN RAO

JUDGEMENT

(1.) This application seeks to have the respondent committed for contempt of the orders of this Court passed on 5-5-1965 in C. M. p.n. 4013/65 in W. P. 1068/63. It appears that in C. M. P. No. 2916/65 in W. P. 1068/63, Gopalakrishnan Nair, J. by an order dated 31-3-1965, directed the Tashildar, Burgampad, to release the cattle belonging to the petitioners on condition that the petitioners should furnish security to the satisfaction of the Tashildar for a sum of Rs. 4000 within two weeks from that date. During the vacation, the petitioners filed an affidavit stating that pursuant to the orders passed on 31-3-1965 they had given security before the Tashildar on 14-4-65 that in spit of it, the Tashildar is not releasing the cattle and that uptill then 19 cattle have died due to starvation. They have also stated that on 9-4-1965, they furnished a security bond for Rs. 4000 in the Tashil Office, giving their own patta land of Ac. 31.00, assessed at Rs 92.50, but that the Tahsildar, out of malice & personal enmity, returned the security bond and stated that he would not be satisfied with any security other than cash. It was further averred that on 9-3-1965, i.e. a month prior to the alleged furnishing of the security bond the Tashildar lodged a false complaint with the police against both the petitioners, and got them arrested, that he complained that they (the petitioners) had abused him and tried to attack him with shoes that the police had filed a charge sheet against them on 12-4-1965 and that due to this enmity, it was humanly impossible to satisfy the Tashildar with any security.

(2.) On these representations, our learned brother, Kumarayya, J., passed the following orders on 5-5-1965 in C. M. P. No. 4013/65:

(3.) The respondent in his counter has refuted the allegations made in the affidavit in C. M. P. No. 4013/65, that he had insisted on depositing Rs. 4000 cash and had refused to accept the security bond.