Disposed

Sri S K Amjed Basha v. Sri Chandrashekar Hiremani

Karnataka HC4 Mar 2020CCC/1321/2019

Case brief

AI extract

What is this about?

In contempt petition filed for alleged willful disobedience of an order in W.P. No.3409/2018, the High Court held that the direction to consider the application had been effectively complied with as the respondent communicated that further processing depended on statutory clearances, thereby closing the contempt proceedings.

What did the court decide?

Contempt proceedings were closed as the direction issued in W.P. No.3409/2018 was held to be complied with.

Sri S K Amjed Basha Vs Sri Chandrashekar Hiremani — Contempt of Court | Karnataka HC (2020)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 04^TH DAY OF MARCH, 2020

¶4

PRESENT

¶5

THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND

¶6

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR C.C.C. No1321/2019 (CIVIL)

¶7

BETWEEN:

¶8

SRI S.K. AMJED BASHA S/O S.K. AMEER BASHA AGED ABOUT 39 YEARS NO.227, 7^TH WARD P.K. STREET KAMELA ROAD BELLARY - 583 101. ... COMPLAINANT

¶9

(BY SRI VINAYAKA B, AND SRI VARUN R.R, ADVOCATES)

¶10

AND:

¶11

SRI CHANDRASHEKAR HIREMANI SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY 2^ND GATE, HOSAPETE ROAD CANTONMENT,BELLARY - 583 104. …RESPONDENT/ ACCUSED

¶12

(BY SRI VIKRAM HUILGOL, AGA FOR RESPONDENT)

¶13

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS CONTEMPT PETITION AND CONSEQUENTLY PUNISH THE ACCUSED HEREIN FOR THE WILFUL & DELIBERATE

¶14

¶15

DISOBEDIENCE OF THE ORDER PASSED IN WP.NO.3409/2018 DATED 30.05.2018.

¶16

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

¶17

O R D E R

¶18

Complainant, who is petitioner in WP

¶19

No.3409/2018, alleges there is willful disobedience of directions issued on 30^th May 2018 in the said writ petition by the respondents. Order dated 30^th May 2018, which is at Annexure-A, would disclose that respondent No.4, Senior Geologist, Department of Mines and Geology, Bellary, was directed to consider the application submitted by the petitioner on 9^th July 2010 in accordance with law by taking a final decision thereon. On account of said direction having not been complied, petitioner is before this Court.

¶20

Learned Government Advocate has filed an affidavit of respondent No.4 enclosing communication dated 7^th February 2020 addressed to petitioner. Contents of said communication speaks for itself. Affidavit filed would disclose that on account of no reply

¶21

¶22

having been received by the Deputy Conservator of Forests, Bellary, application of complainant has been processed on the presumption of there being no objection for granting lease over the area sought for by the complainant. However, complainant has been called upon to produce statutory clearances as indicated in communication dated 7^th February 2020. It is also stated by the respondents that on such clearances being produced application of petitioner would be further processed and lease deed would be executed. Thus, direction issued in writ petition stands complied. Hence, contempt proceedings are closed.

¶23

Sd/JUDGE

¶24

Sd/JUDGE

¶25

bkm

Sri S K Amjed Basha v. Sri Chandrashekar Hiremani

Case brief

What is this about?

What did the court decide?

Sri S K Amjed Basha v. Sri Chandrashekar Hiremani

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

Similar cases

Sri. Santhosh Kumar M K Vs the Federal Bank Ltd.

Shreya Patel Vs Union of India

Nel Holdings Limited Vs Vijay Nirman Company Private Limited

State of Karnataka Vs M/S Dredging Corporation of India

Commissioner of Service Tax Vs Sobha Developers Ltd.

M/S Wadpack Private Limited Vs the Commissioner of Central Tax