Dismissed

Somashekara R v. S R Umashankar I as

Karnataka HC24 Jun 2021CCC/422/2021

Case brief

AI extract

What is this about?

A Contempt of Courts petition filed against two respondents for alleged willful disobedience of a High Court order and breach of undertaking. The Court found that no undertaking was given in the referenced petition and that the complainant failed to make out a case for contempt proceedings, as the accused had not yet been served with the relevant writ appeal dismissal.

What did the court decide?

No relief; the petition was disposed of as no case was made out to initiate contempt proceedings.

Somashekara R Vs S R Umashankar I as — Contempt of Court | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JUNE, 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 SURAJ GOVINDARAJ

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C.C.C. NO. 422 OF 2021 (CIVIL)

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BETWEEN:

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SOMASHEKARA R S/O RAMA NAIKA AGE ABOUT 45 YEARS UPPARAHALLI, NAGALAMADIKE POST PAVAGADA TALUK TUMKUR DISTRICT - 572136

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... COMPLAINANT

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(BY SHRI RAMESH NAIK L, ADVOCATE)

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AND:

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S R UMASHANKAR, I AS., PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION 2^ND GATE, 6^TH FLOOR M S BUILDING AMBEDKAR VEEDHI BENGALURU - 560001.

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SRI SIDDESHWARA N, KAS., EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONAL SOCIETY (KREIS)

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NO 8, MSB-1 6^TH AND 7^TH FLOOR CUNNINGHAM ROAD BENGALURU - 560 052.

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... ACCUSED

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THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 05.02.2020 PASSED BY THIS HON'BLE HIGH COURT IN W.P. NO.15817/2018 ENCLOSED AS ANNEXURE-A AND DFOR VOLUNTARY BREACH OF THE UNDERTAKING GIVEN IN CCC.384/2020 BEFORE THIS COURT SO AS TO MEET THE ENDS OF JUSTICE AND EQUIRY, AND ETC.

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THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Prayer (a) of this contempt petition reads thus:

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"(a) Punish the accused for willfully disobeying the order dated 05.02.2020 passed by this Hon'ble Court in Writ Petition No.15817/2018 enclosed as Annexure-A, and for voluntary breach of the undertaking given in CCC. 384/2020 before this Hon'ble Court so as to meet the ends of justice and equity."

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We have perused the order passed in CCC. No.384

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of 2020 on 5^th January, 2021. There is no undertaking given by the accused to the Court in the said petition. The only grievance made by the learned counsel appearing for

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the complainant is that though a writ appeal preferred by the accused has been dismissed, in terms of what is stated in the endorsement dated 1^st January, 2021, no action has been taken.

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It is for the complainant to invite the attention of the accused to the fact that the writ appeal has been dismissed. The complainant can always call upon the accused to take action as the writ appeal has been dismissed. However, no case is made out to initiate proceedings under the Contempt of Courts Act, 1971.

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Subject to what is observed above, the petition is disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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vgh*

Somashekara R v. S R Umashankar I as

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Somashekara R v. S R Umashankar I as

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