Disposal of a contempt petition filed against accused for allegedly disobeying an interim order dated 1.12.2020 passed in a writ petition, which order was subsequently set aside by the same court in a writ appeal.
Contempt petition disposed of as the impugned order was set aside in Writ Appeal No.64/2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
C.C.C NO. 29 OF 2021 (CIVIL)
BETWEEN:
DR. B. H. DEVARAJU S/O. LATE B. HANUMANTHA GOWDA AGED ABOUT 59 YEARS PRESENTLY RESIDING AT SWATHI NILAYA SRI RANGA RANGA MANDIRA ROAD BATAWADI TUMKURU - 572103
... COMPLAINANT
(BY SHRI SUBRAMANYA BHAT M, ADVOCATE)
AND:
1 . DR. Y. M. REDDY ADMINISTRATIVE OFFICER SIDDARTHA EDUCATION SOCIETY SIDDARTHA NAGARA POST OFFICE TUMAKURU - 572105
2 . SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA M.S. BUILDINGS BANGALORE - 01
... ACCUSED
(BY SHRI H.M. MURALIDHAR, ADVOCATE FOR A1)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACTR, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE INTERIM ORDER DATED 01.12.2020 PASSED IN W.P.
No.8094/2020 (ANNEXURE-B), AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The breach alleged is of the order dated 1st December 2020 in Writ Petition No.8094/2020 passed by the learned Single Judge.
3. Accordingly, the contempt petition is disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
SN
2 issues framed by the court
Whether contempt proceedings should be initiated against accused who disobeyed an interim order subsequently set aside by it own appelate court.
Whether the first alleged breach of the interim order dated 1st December 2020 still subsists after being set aside in Writ Appeal No.64/2021.
Abhay S. Oka
S. Vishwaajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
