Dismissed

The New Vijay Recreation Club, v. R. Dileep

Karnataka HC3 Mar 2020CCC/100027/2020

Case brief

AI extract

What is this about?

In a contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, the applicant alleged that the respondent, the Superintendent of Police, violated a court order dated 11.04.2019 by interfering with recreation activities. The respondent filed an affidavit denying any mandatory closure order. Finding no reason to proceed, the Court dropped the contempt proceedings.

What did the court decide?

The contempt proceedings against the accused respondent were dropped.

The New Vijay Recreation Club, Vs R… — Constitutional and Fundamental Rights | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^rd DAY OF MARCH 2020

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PRESENT

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THE HON’BLE MRS. JUSTICE S.SUJATHA

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AND

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THE HON’BLE MS. JUSTICE JYOTI MULIMANI

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CCC NO.100027 of 2020

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BETWEEN:

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THE NEW VIJAY RECREATION CLUB, SUBHASH HABIB BUILDING, JANATA BAZAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, R/BY ITS PRESIDENT, SUBHASH, S/O. MAHADEVASA HABIB AGE: 42 YRS, OCC: SOCIAL SERVICE & BUSINESS, R/O: 20/A, SHANTI NAGAR, KESHWAPUR, TQ: HUBBALLI, DIST: DHARWAD-580028

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... COMPLAINANT (BY SRI. DINESH M. KULKARNI, ADVOCATE)

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AND:

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R. DILEEP, THE COMMISSIONER OF POLICE HUBBALLI-DHARWAD, NAVANAGAR-580025 HUBBALLI, DIST: DHARWAD

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... ACCUSED

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(BY SRI. G.K. HIREGOUDAR, GA)

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THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR VIOLATING THE ORDER DATED 11.04.2019 PASSED IN WP. NO.107462/2019 VIDE ANNEXUREA, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CCC COMING ON FOR ORDERS THIS DAY, S.SUJATHA, J., MADE THE FOLLOWING:

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ORDER

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This contempt petition is filed by the

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complainant alleging wilful disobedience of the order dated 11.04.2019 passed in Writ Petition No.107462 of 2019.

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The complainant had approached this Court in Writ Petition No.107462 of 2019 seeking a direction to the accused and other authorities not to insist upon the complainant to obtain licence for conducting the recreation activities in a lawful manner. The writ petition

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came to be disposed off with certain observations. It is the contention of the complainant-petitioner that the accusedrespondent has violated the direction issued by this Court and is interfering with the activities of the complainant. Hence, seeks for invoking contempt proceedings against the accused.

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On service of notice, accused-

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respondent has filed an affidavit along with an endorsement dated 29.02.2020 whereby it is submitted that no order either oral or in writing has been issued by the police officers to close the complainant’s recreation club and no disobedience of the order of this Court in W.P. No.107462 of 2019 is committed by the accused.

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The said affidavit is placed on record.

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In view of the aforesaid, we find no

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reasons to proceed further with the contempt proceedings.

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Hence, contempt proceedings are dropped.

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Sd/JUDGE

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Sd/JUDGE

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kmv

The New Vijay Recreation Club, v. R. Dileep

Case brief

What is this about?

What did the court decide?

The New Vijay Recreation Club, v. R. Dileep

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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