Dismissed

Jeethendra Kumar Rajan v. Dr a S Deshpande

Karnataka HC17 Feb 2020CCC/19/2020

Case brief

AI extract

What is this about?

Single Judge, HC at Bengaluru, dropped contempt proceedings initiated under sections 11 and 12 of the Contempt of Courts Act. The court held that no positive direction in the underlying writ petition required conducting classes for the disputed previous period. The matter was remitted to the parties to work out their rights.

What did the court decide?

Contempt proceedings stood dropped; parties at liberty to work out their rights in accordance with law pending the result of W.P.No.43851/2019.

Jeethendra Kumar Rajan Vs Dr a S Deshpande — Education and Admissions | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF FEBRUARY, 2020

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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 E.S. INDIRESH

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C.C.C. No.19/2020(CIVIL)

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BETWEEN:

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JEETHENDRA KUMAR RAJAN AGED ABOUT 45 YEARS S/O S.R. MAHATO D-21, SHRI. RAM SADHANA APARTMENTS, OFF M.S. RAMAIAH ROAD, GOKULA, MATHIKERE BEGNALURU – 560 054.

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... COMPLAINANT

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(BY SRI. JEETHENDRA KUMAR RAJAN, PARTY-IN-PERSON)

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AND:

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DR. A.S. DESHPANDE THE REGISTRAR VISVESVARAYA TECHNOLOGICAL UNIVERSITY (VTU), JNANA SANGAMA, BELAGAVI – 590 018.

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MD. S.K. AZAM THE PRINCIPAL KBN COLLEGE OF ENGINEERING RAUZA-E-BUZURG KALABURAGI – 585 104.

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…RESPONDENTS/ACCUSED

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(BY SRI. AMBARISH B.N, ADVCOATE FOR R/A-1; SMT. LAKSHMI MENON, ADVOCATE FOR R/A-2)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED I. DR. A.S. DESHPANDE, THE REGISTRAR AND II. MD. S.K. AZAM, THE PRINCIPAL FOR VIOLATING THE ORDER DATED:11.11.2019 IN W.P.NO.43851/2019 AND ORDER FOR TAKING ACTION AS DEEMEED FIT AS PER LAW.

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

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O R D E R

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Complainant, who is the petitioner in

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W.P.No.43851/2019, is alleging there has been willful disobedience of the orders passed on 11.11.2019 by respondent Nos.2 and 3 on the ground they have not conducted 7^th Semester classes of Engineering Course (Computer Science) for the Academic Year 2019-2020, insofar as, complainant is concerned. Hence, he seeks for suitable action being taken against them.

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Having heard Sri. Jeethendra Kumar Rajan, party appearing in person, Sri. Ambrish.B.N., learned counsel appearing on behalf of Sri.Santosh S. Nagarale for respondent No.1 and Smt. Lakshmi Menon, learned counsel appearing for respondent No.2, we notice that

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direction issued on 11.11.2019 is to permit the petitioner to attend 7^th Semester classes of Engineering Course (Computer Science) for the Academic Year 2019-2020, which was to be implemented by respondent Nos.2 and 3 with effect from said date. Undisputedly, petitioner has been permitted to attend the class from said date though he was not permitted for the previous period namely, academic session beginning from 29.07.2019.

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Since there is no positive direction issued in the said writ petition directing respondent Nos.2 and 3 to conduct classes to the petitioner for previous period i.e., from the academic session commencing from 29.07.2019, question of initiating contempt proceedings or continuing with this proceedings against respondents do not arise. That apart, in the very same writ petition learned Single Judge by order dated 26.09.2019 had rejected the prayer whereunder petitioner had sought permission to attend classes of Engineering Course (7^th and 8^th semester) for the Academic Year 2019-2020. However, on account of said writ petition still pending

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before learned Single Judge, we do not express any opinion in that regard and parties would be at liberty to work out their rights in accordance with law. Hence,

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this contempt proceedings stands dropped.

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SD/JUDGE

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SD/JUDGE

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Jeethendra Kumar Rajan v. Dr a S Deshpande

Case brief

What is this about?

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Jeethendra Kumar Rajan v. Dr a S Deshpande

Case brief

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