Disposed

Sri Hanumanthappa S/O Baramappa Pujar v. Smt.Shakuntala Chowgala

Karnataka HC1 Apr 2019CCC/100621/2018

Case brief

AI extract

What is this about?

In this contempt petition filed under the Contempt of Courts Act, the court dropped the proceedings after the respondent, a Tahasildar, filed an affidavit stating she had issued the required endorsement despite an initial administrative error in forwarding the file.

What did the court decide?

Contempt proceedings were dropped with liberty to the complainant to challenge the endorsement separately.

Sri Hanumanthappa S/O Baramappa Pujar Vs Smt.Shakuntala… — Contempt of Court | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF APRIL, 2019

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PRESENT

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THE HON’BLE MR. JUSTICE G.NARENDAR

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AND

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THE HON’BLE MR. JUSTICE BELLUNKE A.S.

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CCC NO.100621/2018 (CIVIL)

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BETWEEN :

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SRI. HANUMANTHAPPA S/O. BARAMAPPA PUJAR AGED ABOUT 48 YEARS, R/O: SAVADI VILLAGE, TQ: RON, DIST: GADAG.

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... COMPLAINANT

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(BY SRI.M.V. HIREMATH & SRI.V.S. KALASURMATH, ADVS.)

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AND :

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SMT. SHAKUNTALA CHOWGALA, AGED ABOUT 37 YEARS, THAHASILDAR, RON, TQ: RON, DIST: GADAG

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... RESPONDENT

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(BY SRI.C.S. PATIL, GOVERNMENT ADVOCATE)

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THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED/RESPONDENT NO.3 FOR CONTEMPT OF THE COURT UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT FOR DISOBEYING THE ORDER DATED 01.03.2018 PASSED IN W.P. 111295/2015 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, G.NARENDAR J. , MADE THE FOLLOWING:

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ORDER

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Heard the learned Government Advocate on behalf of respondent.

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The learned Government Advocate files into Court an affidavit dated 19.03.2019. The respondentTahasildar, Ron has deposed in para No.3 as under :

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“3. I respectfully submit that immediately after taken over the charge as Tahasildar, I have received the notices of this Hon’ble court in the above said Contempt proceedings on 09.03.2019. Immediately, I have verified the concerned file, by that time, I came to know that my predecessor have already considered the representation of the complainant and complied the direction issued by this Hon’ble Court and it has been wrongly sent to the Advocate General Office, Dharwad. Immediately, I have taken steps to issue the said endorsement to the complainant, hence once again, after going through the said file and contents of the representations of the

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complainant dated 09.09.2014 and 16.09.2015 and issued the endorsement date 14.03.2019. A copy of the said endorsement is herewith produced and marked as DOCUMENT NO.2 for kind perusal of this Hon’ble Court."

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The learned counsel for the complainantpetitioner admits the receipt of the endorsement in that view of the matter.

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Contempt proceedings are dropped with liberty to the complainant-petitioner to call in question the impugned endorsement, if he is so advised.

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Sd/JUDGE

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Sd/JUDGE

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MNS/

Sri Hanumanthappa S/O Baramappa Pujar v. Smt.Shakuntala Chowgala

Case brief

What is this about?

What did the court decide?

Sri Hanumanthappa S/O Baramappa Pujar v. Smt.Shakuntala Chowgala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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