Dismissed

Sri Bhuvaneshwara Gowda v. Sri L K Athheq

Karnataka HC12 Jan 2021CCC/403/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka was approached to initiate contempt proceedings against officials for alleged willful disobedience of an order dated 14.03.2017 regarding fund release. The Court held that the petition failed to specify a breach and found no direction to request the State Government. The petitioner was advised to file a fresh writ petition.

What did the court decide?

Petition dismissed; complainant directed to file a fresh writ petition seeking writ of mandamus.

Sri Bhuvaneshwara Gowda Vs Sri L K Athheq — Contempt of Court | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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C.C.C NO. 403 OF 2020 (CIVIL)

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BETWEEN

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SRI BHUVANESHWARA GOWDA S/O SHESHAPPA GOWDA AGED 44 YEARS R/O KOMBAR VILLAGE KOMBAR VILLAE AND POST PUTTUR TALUK, D.K. - 574 230

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...COMPLAINANT

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(BY SRI PRAVEEN KUMAR K.N., ADVOCATE)

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AND

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1 . SRI L.K. ATHHEQ (AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER) PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT STATE OF KARNATAKA VIDHAN SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560001

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2 . SELVAMANI R., I.A.S (AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER) THE CHIEF EXECUTIVE OFFICER D.K. ZILLA PANCHAYATH DK DISTRICT MANGALURU-575001

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…..ACCUSED

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THIS C.C.C. IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND PUNISH THEM IN ACCORDANCE WITH LAW FOR THEIR DELIBERATE INACTION/CONTEMPTUOUS ACT AND WILLFUL DISOBEDIENCE AGAINST THE COURT ORDER MADE IN W.P.NO. 8652/2017 (LR-RES) DATED 14.03.2019 PRODUCED AT ANNEXURE-A, UNDER THE PROVISIONS OF CONTEMPT OF COURT ACT, 1971, BY UPHOLDING THE RULE OF LAW.

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THIS CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the complainant and perused the averments made in the petition.

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The breach alleged is of the order dated 14^th

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March 2019. There is no averment made in the petition pointing out specific breach of any of the directions contained in the order dated 14^th March 2019.

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The learned counsel appearing for the complainant submitted that the first accused has not released the funds of Rs.1.65 Crore. His further submission is that the second accused has not submitted a proposal to the State Government.

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On a conjoint reading of paragraphs 7 and 8 of the order dated 14^th March 2019, it is apparent that there is no

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direction issued by this Court to Zilla Panchayath to make a request to the State Government for release of funds. Moreover, the funds were to be released only on the Zilla Panchayath making an appropriate application.

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Though no case is made out to initiate action under the Contempt of Courts Act, 1971, the complainant is free to adopt appropriate proceedings including filing a fresh writ petition seeking a writ of mandamus.

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Subject to what is observed above, the petition is

disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Sri Bhuvaneshwara Gowda v. Sri L K Athheq

Case brief

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What did the court decide?

Sri Bhuvaneshwara Gowda v. Sri L K Athheq

Case brief

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What did the court decide?

What the court decided

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