Partly allowed

V. Anantha Pai v. J.P. Gangadhara

Karnataka HC27 Jan 2022CCC/292/2020

Case brief

AI extract

What is this about?

In a civil contempt petition filed under the Contempt of Courts Act, 1971 regarding alleged disobedience of a writ order, the Court dropped the proceedings and directed the accused to effect shifting of an auto stand as per a later Committee order to prevent future contempt.

What did the court decide?

Contempt proceedings dropped; accused directed to ensure shifting of auto stand per Committee order dated 15.11.2021.

V. Anantha Pai Vs J.P. Gangadhara — Contempt of Court | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JANUARY, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE B. VEERAPPA

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AND

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THE HON’BLE MRS. JUSTICE M.G. UMA

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C.C.C. No.292/2020 (CIVIL)

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BETWEEN:

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V. ANANTHA PAI, 65 YEARS, S/O LATE V. DAMODHAR PAI, NEAR VINAYAKA TALKIES, VODERHOBLI VILLAGE, P. O. KUNDAPURA - 576 201, UDUPI DISTRICT.

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...COMPLAINANT

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(BY SRI VYASA RAO K. S., ADVOCATE)

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AND:

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J.P. GANGADHARA, MAJOR, THE REGIONAL TRANSPORT OFFICER (INCHARGE), REGIONAL TRANSPORT OFFICE, RAJATHADRI MANIPAL - 576 104, UDUPI DISTRICT.

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...ACCUSED

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(BY SRI KIRAN KUMAR, HIGH COURT GOVRNMENT PLEADER)

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THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH HIM SUITABLY FOR THE CONTEMPT OF COURT FOR DISOBEYING THE ORDER DATED 16/09/2019 PASSED BY THIS COURT IN W.P.NO.43652/2019 (GMRES) .

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THIS CIVIL CONTEMPT PETITION COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J. , MADE THE FOLLOWING:

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O R D E R

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The present Civil Contempt Petition is filed by the complainant under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, praying to take action against the accused for willful disobedience of the Order dated 16.09.2019 made in W.P.No. 43652/2019, wherein, the learned single Judge directed the respondent No.3 therein to decide the representation of the petitioner dated 24.12.2018, if not already decided, by a speaking Order, within a period of two months from the date of receipt of certified copy of the said order.

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Sri Kiran Kumar, learned High Court Government Pleader for the accused, filed the affidavit of Sri J.P.Gangadhara, Regional Transport Officer, Udupi District, wherein, at paragraphs 4 and 5, it is specifically stated as under:

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"4. When the matter was taken up today, learned counsel for the petitioner submitted that the representation submitted by the petitioner shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.

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5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction that respondent No.3 shall decide the representation of the petitioner dated. 24.12.2018 as per Annexure-A, if not already decided, by a speaking order within two months from the date of receipt of certified copy of the order passed today and take necessary action in accordance with law. It is made clear that this Court has not expressed any opinion on the merits."

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3. In view of the above, we pass the following:

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ORDER

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(i) The Contempt Proceedings are hereby

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dropped .

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(ii) The accused shall ensure shifting of the auto stand in terms of the Order of the Committee dated 15.11.2021, without giving room for further contempt.

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Sd/- JUDGE

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Sd/JUDGE

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kcm

V. Anantha Pai v. J.P. Gangadhara

Case brief

What is this about?

What did the court decide?

V. Anantha Pai v. J.P. Gangadhara

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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