Dismissed

Safai Karmachari Horata Samithi (R) v. Sri Nagesh

Karnataka HC22 Nov 2019CCC/1674/2019

Case brief

AI extract

What is this about?

In contempt proceedings, the High Court accepted the respondent's undertaking to consider beneficiary claims and pass a speaking order within 10 days. Consequently, the contempt petition was dropped with liberty to revive if the undertaking is not complied with.

What did the court decide?

Contempt proceedings dropped with liberty to revive if the undertaking to pass a speaking order within 10 days is not complied with.

Safai Karmachari Horata Samithi (R) Vs Sri Nagesh — Contempt of Court | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER 2019

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PRESENT

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THE HON’BLE MR. JUSTICE ARAVIND KUMAR

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AND

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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C.C.C. No.1674/2019

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BETWEEN:

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SAFAI KARMACHARI HORATA SAMITHI (R) REPRESENTED BY ITS PRESIDENT SRI. D. NAGARAJ NO.461, 6^TH CROSS ROAD, A.K. COLONY ROBERTSONPET, K.G.F. TALUK KOLAR DISTRICT – 563 122.

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... COMPLAINANT

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(BY SRI. RAGUPATHY K, ADVOCATE)

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AND:

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1 . SRI. KUMAR NAIK PRINCIPAL SECRETARY THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE MS BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE – 560 001.

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2 . SRI. NAGESH THE MANAGING DIRECTOR SAFAI KARMACHARI DEVELOPMENT CORPORATION, SOUTH WING GROUND FLOOR, SILVER JUBILEE BLOCK, PART OF UNITY BUILDING COMPLEX, NO.1/14, MISSION ROAD BANGALORE – 560 027.

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... ACCUSED

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(BY SRI. S.V. GIRI KUMAR, ADVOCATE FOR A-2;

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A-1 IS DELETED V/O DATED:22.11.2019)

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR THEIR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED:03.07.2019, PASSED IN W.P.NO.23135/2019 AND W.P. 23979-24254/2019.

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THIS CCC COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:

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O R D E R

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This contempt proceedings is initiated by complainant against second respondent alleging there has been willful disobedience of direction issued on 03.07.2019 in W.P.Nos.23135/2019 & 23979-254/2019 whereunder competent authority (second respondent herein) has been directed to consider the representation submitted by petitioner on 11.06.2018 by passing a speaking order.

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Second respondent, who is present before Court has filed an affidavit of undertaking stating

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thereunder that representation of petitioner/complainant would be considered by examining Government Orders and a speaking order would be passed within 10 days from today. Said affidavit of undertaking is placed on record.

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Though we have noticed that direction was issued on 03.07.2019, which was required to be complied on or before 03.09.2019 by second respondent, we do not propose to keep this matter pending in the light of submission made by Sri.S.V.Giri Kumar, learned counsel appearing for respondent, which is to the effect that there are claims of more than 276 beneficiaries and said claims/representations are being examined, we deem it proper to condone the delay.

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By placing the affidavit of undertaking filed by second respondent on record, this contempt proceedings is dropped with liberty to the complainant to revive this petition in the event of order not being

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complied by second respondent as undertaken in the affidavit filed today.

SD/JUDGE

SD/-

JUDGE

Safai Karmachari Horata Samithi (R) v. Sri Nagesh

Case brief

What is this about?

What did the court decide?

Safai Karmachari Horata Samithi (R) v. Sri Nagesh

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

Case details

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