Allowed

Mr.Shafiulla Baig v. S.Ziyaullah IAS

Karnataka HC20 Jan 2022CCC/737/2021

Case brief

AI extract

What is this about?

In a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, the High Court rejected the objection that the impugned order was non-compliant. Upon successful demonstration that the accused initiated the required enquiry under Section 64 of the Co-operative Societies Act within the time limit, the Court dropped the contempt proceedings and advised the complainant to challeng

What did the court decide?

The contempt proceedings filed in C.C.C.No.737/2021 are hereby dropped. The complainant is advised that he can challenge the order of 18.10.2021 through appeal if aggrieved.

Mr.Shafiulla Baig Vs S.Ziyaullah IAS — 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 20^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.737/2021 (CIVIL)

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BETWEEN:

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MR. SHAFIULLA BAIG, S/O WAZIR BAIG, AGED ABOUT 58 YEARS, EX. DIRECTOR, CENTRAL RELIEF COMMITTEE, NO.3206/12, LASHKAR MOHALLA, MD. SAIT BLOCK, MYSORE - 570 001.

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...COMPLAINANT

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(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)

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AND:

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S. ZIYAULLAH, IAS, THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU - 560 052.

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PRASAD REDDY C THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD,

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BENGALURU - 560 052.

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF COOPERATION, M S BUILDING, BANGALORE - 560 001.

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…ACCUSED

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(BY SRI. V. SREENIDHI, AGA)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS AND PUNISH THE ACCUSED PERSONS FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 20.04.2021 PASSED BY LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.49451/2018 (CS-RES) VIDE ANNEXURE-B AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT MAY DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF COSTS.

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THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE B.VEERAPPA J. , MADE THE FOLLOWING:

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O R D E R

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The complainant has filed the present contempt petition to take action against accused persons under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, for willful disobedience of the order dated 20.04.2021 made in W.P.No.49451/2018 passed by the learned Single Judge, wherein, the learned Single Judge, while disposing of the writ petition, directed the respondents/accused to consider the representation/report and pass an appropriate orders within an outer limit of eight weeks from the date of receipt of certified copy of the order.

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Heard Sri. Rahamathulla Kothwal, learned counsel for the complainant and Sri. V.Sreenidhi, learned Additional Government Advocate for respondents/accused.

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Sri. V.Sreenidhi, learned Additional Government Advocate submits that the order passed by the learned Single Judge has been complied with and invited our attention to the compliance affidavit filed by Sri. Prasad Reddy, Joint Registrar of Co-operative

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Societies and specifically stated in Paragraph No.3, which reads as under:

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"3. I most respectfully submit that in compliance of the order passed by this Hon'ble Court, the Accused No.1 has now passed an order on 18.10.2021, directing the jurisdictional Authority to conduct an enquiry upon the report of the Assistant Registrar of Co-operative Societies and also to conduct an enquiry regarding various allegations made against the Society as per Section 64 of the Co-operative Societies Act. I have passed an order initiating enquiry under Section 64 of the Co-operative Societies Act on 18.10.2021. A copy of the order is produced along with this Affidavit at ANNEXURE-R1 for kind perusal of this Hon'ble Court."

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In view of the above, we pass the following:

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ORDER

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(i) Contempt proceedings are hereby dropped.

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(ii) It is needless to observe that it is always open for the complainant to challenge the

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order dated 18.10.2021, if he is so aggrieved, in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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SMJ

Mr.Shafiulla Baig v. S.Ziyaullah IAS

Case brief

What is this about?

What did the court decide?

Mr.Shafiulla Baig v. S.Ziyaullah IAS

Case brief

What is this about?

What did the court decide?

What the court decided

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