In civil contempt proceedings filed for non-compliance with a direction to consider representations within eight weeks, the court considered the accused's affidavit stating the matter was addressed via a subsequent order dated 15.10.2022. The court dismissed the proceedings.
The Civil Contempt Proceedings were dropped.
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 27TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.196/2020 (CIVIL)
BETWEEN:
SRI T. LAKSHMANA AGED ABOUT 67 YEARS, S/O. THIPPAIAH, RETIRED EXECUTIVE ENGINEER (CIVIL), NO.2369, 9TH MAIN, M.C.C. ‘A’ BLOCK, BEHIND SAIBABA TEMPLE, DAVANAGERE – 577 004.
... COMPLAINANT
(BY SRI S. RAJESH, ADVOCATE FOR SRI MUKKANNAPPA S.B., ADVOCATE)
AND:
SRI C.R. PARAMESHWARAPPA DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DAVANAGERE DISTRTICT, DAVANAGERE – 577 001.
... ACCUSED
(BY SRI KIRAN KUMAR, HCGP)
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 HIGH COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING NOT COMPLIED WITH THE TIME BOUND DIRECTION ISSUED BY THIS HON’BLE COURT IN
W.P.NO.51642/2018 DATED 14.01.2019 AND CONSEQUENTLY PUNISH THE ACCUSED.
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The complainant has filed the present contempt petition against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 14.01.2019 passed by the learned Single Judge made in WP No.51642/2018, wherein the learned Single Judge while allowing the writ petition has directed respondent No.3-DDPI to consider the representations dated 16.07.2018, 04.08.2018 and 20.08.2018 as per Annexures-G, G1 and G2 respectively, within a period of eight weeks and further inform the petitioner forthwith.
Instructions, Shivamogga District has filed the
affidavit dated 21.10.2022 and at paragraph Nos.3 and 4 stated as under:
“3. I most respectfully submit that in compliance of the orders passed by this Hon'ble Court, the representation of the Complainant was duly considered and a detailed order in this regard was also passed and communicated to the Complainant as per the order dated 15.10.2022. The copy of the order and copy of the R.P.A.D. receipts for having communicated the same to the Complainant are produced at ANNEXURE-R1 & R2 respectively.
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and Jnanadeepa Higher Primary School. Infact during the course of enquiry, it is also noticed that the dispute is between the Complainant and the management of the school and the civil litigations in this regard are also pending between the two.”
3. In view of the above, we pass the
following:
ORDER
The Civil Contempt Proceedings are hereby dropped. However, it is needless to observe that it is always open for the complainant to challenge Annexure-R1 dated 15.10.2022, if so desires, in accordance with law.
Sd/-
JUDGE
Sd/JUDGE
MBM
1 issue framed by the court
Whether the contempt petitioner was guilty of willful disobedience of the order dated 14.01.2019 passed in WP No.51642/2018.
1 provisions across 1 enactments
Sri T. Lakshmana
Sri C.R. Parameshwarappa
B.Veerappa
K.S.Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
