In a contempt CPC, the High Court observed that the accused Assistant Commissioner disposed of the appeal within three months as directed, despite a slight delay relative to the order date. Consequently, the petition for contempt was dropped.
Contempt proceedings dropped and the petition dismissed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE Mrs. JUSTICE M.G. UMA
C.C.C.No.1052/2021 (CIVIL)
BETWEEN:
SMT. MUNIYAMMA W/O. LATE DODDAKAVERAPPA AGED ABOUT 98 YEARS R/AT K. CHANNASANDRA VILLAGE HORAMAVU POST K.R. PURAM HOBLI BENGALURU - 560 043.
...COMPLAINANT
(BY SRI: K SHIVASHANKAR, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA M.S. BUILDING DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY
2 . K. RANGANATH THE ASST. COMMISSIONER BENGALURU NORTH SUB DIVISION, KANDAYA BHAVAN K.G. ROAD, BENGALURU - 560 009
… ACCUSED
(BY SRI: KIRAN KUMAR, HCGP FOR STATE)
2
THIS CCC IS FILED UNDER SECTION 10 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN SHE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT NO.2 IN VIOLATION OF THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.11965/2021 DATED 09.08.2021.
THIS CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, B.VEERAPPA J. , PASSED THE FOLLOWING:
O R D E R
The complainant has filed the present contempt petition seeking to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Court Act, for the willful disobedience of the order passed by the learned Single Judge dated 09.08.2021 made in Writ Petition No.11965 of 2021, wherein, the learned Single Judge while disposing of the writ petition had directed the second respondent - Assistant Commissioner to dispose of the appeal within an outer limit of three months, if not already disposed off. It was also ordered that non disposal shall be viewed seriously. Though the direction was issued by this Court on 09.08.2021, the second respondent has disposed of the appeal on 07.01.2022.
3
ORDER
The contempt proceedings are hereby dropped.
It is needless to observe that it is always open for the complainant to challenge the order passed by the Assistant Commissioner dated 07.01.2022 in accordance with law.
*bgn/-
1 issue framed by the court
Whether contempt proceedings should be maintained where the accused has disposed of the matter within the time limit specified in the impugned order, albeit slightly after the date of the order.
2 provisions across 1 enactments
B. VEERAPPA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
