KRUTHIVENTI KUTUMBA RAO Vs. MUTHI VENKATA SUBBA RAO

JUDGEMENT

(1.) This is a petition to commit Respondents Nos. 1 to 6 for contempt for violating the orders of the District Munsif, Vijayawada, by obstructing the Advocate Commissioner Sr. P. V. Rama Sarma while performing the duties directed in the warrant issued to him in I. A. No. 179/67 in O. S. No. 78/67, that it for seizing the account books and papers ( items 1 to 19) mentioned in the petition and to file the same in the court

(2.) The petitioner is founder member of Sri Velidendla Hanumantharaya Grandhalayam which was founded in the year 1934 in memory of the late Mr. Velidendla Hanumantha Rao. He is also the Secretary for a long time and the joint secretary of the Executive Treasurer of the library. In 1944 the library was registered as No. 2/44 under the Societies Act, and he is one of the persons who had subscribed to the memorandum of Association. In 1964, during the General Body Meeting the strength of the Executive was increased by providing for one president, three-vice presidents one General Secretary, three Assistant Secretaries, one Treasurer and 16 members, in total not exceeding 25. The present Executive committee of the library is elected on 9-2-64. The term of office of the Committee was two years, and one Pothina Gurunatha Banergi was elected as General Secretary. The petitioner filed O. S. No. 78/67 on the file of the District Munsif, Vijayawada for a permanent injunction restraining the Secretary from functioning as secretary of the Executive Committee alleging that the secretary mismanaged the affairs of the library. It is stated in the plaint that he did not keep the accounts properly and failed to convene the General Body Meeting for electing the New Executive for the last one year and that the library funds running into several thousands of rupees were misappropriated and mismanaged. The petitioner filed I. A. no. 179/67 for appointing an advocate as a commissioner to make an inventory of the Account Books, Bank Books, Cheque Books, Minute Books and all other records of the library and file them in the Court. On this I. A. a warrant dated 4-3-67 was issued to seize items 1 to 19 mentioned in the petition and file them in Court with an inventory. On 5-3-67 a commissioner was appointed who with the help of Respondents Nos. 4 and 5, the Head Constable and Police Constable respectively of Law and order , V Town Police Station , Vijayawada went to the library at 3.15 p. m. along with the commissioner, the petitioner and his advocates, Sri. S. Rama Krishna and Sri. P. L. Narayana, entered the office room of the library. Respondent No. 1 is the librarian, Respondents No. 2 the Treasurer, and Respondents No. 3 the Secretary of the Building Construction Committee of the Library. The Advocate Commissioner in his report has stated that accompanied by the petitioner and his advocate Sri. P. L. Narayana he went to law and Order No. 5 Town Police Station , Vijayawada at about 2-30. p.m. and produce the letter for help. Taking the assistance the Respondents No. 4 and 5 he proceeded to the Library along with them and the plaintiffs counsel Sri. P. L. Narayana and reached there at about

(3.) p. m. They went to the 2nd floor where the office room is situated. In the office room of the Grandhalayam, the 1st respondent was found sitting in a chair before the desk. The Commissioner had shown the warrant to him and asked about the Respondent. Then the 1st Respondent called one Bujeti Jagannadha Rao and pretended to make enquiries about the respondents and ultimately he told the Commissioner that the respondent was not available. Thereupon the Commissioner drafter a notice intimating his intention to proceed with the commission work and asked him to co-operate and take the notice. The 1st respondent took the notice and endorsed the same and thereafter he asked the commissioner to wait for some time so that he may contact the President of the Grandhalayam, V. Jagan Mohan Rao and Treasurer by name P. Kesava Rao the 2nd respondent on hone. After he returned from the telephone, he produced some account books and receipt books relating to the present period which were readily available on the table itself. He said that some account books were in the iron safe but the keys of the iron safe were with the treasurer, the 2nd respondent. 3. The Commissioner prepared an inventory list in respect of the books produce before him. In the meantime the 2nd respondent came there. He raised objections and disputed the powers of the commissioner. The commissioner asked him to open the locks of the Iron Sage as the keys are with him, but the 2nd respondents refused to do so. The commissioner told him that he was going to take steps for breaking open the locks of the Iron Safe in connection with executing the warrant. After this, he sent for a lock repairer. After the lock repairer by name Shaik Rahim Rallah came, the secretary of the building Construction Committee of the Grandhalayam and some of his men also came there. In the presence of the Head Constable Petitioner and his advocates Sri. S. Ramakrishna and Sri. P. L. Narayana who were with the Commissioner as well as the mediators Sri A. Sri Rama Murthy , Sri. C. L. Mrutyunjaya, Sri. M. V. Subba Rao, and Kesava Rao, the Commissioner directed the lock repairer to open the lock of the iron safe. After the lock repairer opened the door of the iron safe, some account books, printed receipts books etc., were found in the iron safe and the Commissioner prepared inventory of the same. On all the documents inventoried and listed by him the Commissioner put his signature and numbered the same. After preparing the inventory list, he gave a copy to the clerk, the 1st respondent and told him that he was going to take the documents with him. But the 2nd and 3rd respondents advised the Commissioner not to take the list and they did not allow him to take the inventoried documents. The police constables refused to give help and assistance and they left the place saying that the circle Inspector of Police Sri. Sirgaraju, Respondent No, 6 asked them to go away. Thereafter, according to the Commissioner, he sough help from the Police Control Room when a few of them came. Then also Respondents No, 1, 2, and 3 and their men obstructed him from executing the warrant and prevented him from getting the inventories documents which were bundled and placed on the table. As he found much pressure by the persons gathered there who were restraining him to execute the warrant, the Commissioner had telephoned to the Assistant Superintendent of Police, Vijayawada Town seeking proper police assistance but he could not contact him as it was reported that he was not at home. IN the meantime the Circle Inspector, the 6th respondent came there and stationed in from t of the Grandhalayam in a jeep car, and instructed the police that have come from the police Control Room to leave the place. As there was no help from the police and there was great pressure and force from the said persons obstructing and preventing the execution of the warrant, he could not get the documents listed and inventoried by him and the same were left in the Grandhalayam Office Room under the control of the aforesaid people namely Respondents Nos. 1 to 3 and their men. the Commissioner took the signatures of the mediators who were present throughout the proceedings, on the inventory list and on other proceedings after that they left the place at about 6-30. p. m.