Dismissed

Cubbon Park Walkers Association v. Mr. P Ravi Kumar IAS

Karnataka HC4 Mar 2021CCC/10/2021

Case brief

AI extract

What is this about?

In a contempt proceeding under the Contempt of Courts Act, 1971, the High Court of Karnataka examined the accused’s compliance with a previous order. Finding that the State had considered the relevant recommendation and taken a decision, the court concluded there was sufficient compliance and dropped the proceedings.

What did the court decide?

Contempt proceedings against the accused were dropped with liberty to the complainant to appeal.

Cubbon Park Walkers Association Vs Mr. P… — Public Procurement and Tenders | Karnataka HC (2021)

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-: 1 :-

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF MARCH, 2021

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PRESENT

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THE HON'BLE Mrs. JUSTICE B.V. NAGARATHNA

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AND

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THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

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CONTEMPT OF COURT CASE No.10 OF 2021 [CIVIL]

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BETWEEN:

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CUBBON PARK WALKERS ASSOCIATION (REGISTERED AS A SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) NO.19, 1^ST FLOOR, 18^TH CROSS, CUBBONPET BANGALORE - 560 002. (REP. BY ITS PRESIDENT SRI. S. UMESH). ... COMPLAINANT

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(BY SRI B.V. SHANKARANARAYANA RAO, ADVOCATE)

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AND:

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MR. P. RAVI KUMAR, IAS THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU - 560 001.

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MR. RAKESH SINGH, IAS THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001. ... ACCUSED

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(BY SRI G.V. SHASHI KUMAR, ADDL. GOVERNMENT ADVOCATE)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED ORDER DATED 22.10.2020 PASSED IN W.P. No.10949 OF 2020 (GM-RES) AND AWARD APPROPRIATE PUNISHMENT TO THE ACCUSED.

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THIS CCC COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

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O R D E R

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By order dated 22.10.2020, this Court had directed the respondents to consider the recommendation dated 02.09.2020 (Annexure 'B' to the writ petition) in its proper perspective and in accordance with law, within a period of six weeks from that day. Since there was no consideration of the recommendation made, this contempt proceeding was initiated.

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Learned Additional Government Advocate has

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filed the affidavit of Sri.Rakesh Singh, Additional Chief Secretary to Government, Department of Urban Development, enclosing a copy of the proceedings of the meeting held regarding regulating the flow of traffic in the

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Cubbon Park pursuant to the order referred to above made by this Court. The said meeting was held on 21.11.2020.

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Learned Additional Government Advocate submitted that after reviewing the opinions of all the Departments, it has been decided that the traffic movement within Cubbon Park cannot be avoided and hence should continue as before. He submitted that the direction issued by this Court in the writ petition has been complied with and therefore, the contempt proceedings may be dropped.

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Learned counsel for the complainant submitted that the recommendation of Directorate of Urban Land Transport (DULT) has not been considered by the State in its proper perspective and therefore, the said decision is incorrect.

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But, in the circumstances, we are satisfied that there is compliance in as much as directions issued by this Court has been complied. A consideration of the

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recommendation of the DULT has been made and a decision has been taken.

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Therefore, the contempt proceedings are

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dropped .

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However, if the complainant is not satisfied with the said decision, liberty is reserved to the complainant to assail the same in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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RK/-

Cubbon Park Walkers Association v. Mr. P Ravi Kumar IAS

Case brief

What is this about?

What did the court decide?

Cubbon Park Walkers Association v. Mr. P Ravi Kumar IAS

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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