Allowed

Dattappa Nigappa v. Sri Siddeshwar N

Karnataka HC25 Jan 2022CCC/809/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a contempt of court case filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, dropped the proceedings as a stay order in a related writ appeal directed the complainant not to precipitate matters until its disposal.

What did the court decide?

Contempt proceedings dropped; complainant permitted to file revival application or fresh petition later.

Dattappa Nigappa Vs Sri Siddeshwar N — 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 25^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.809/2021 (CIVIL)

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BETWEEN:

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DATTAPPA NIGAPPA S/O NINGAPPA, AGED ABOUT 41 YEARS, WORKED AS ASSISTANT ENGLISH TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL, RESIDING AT NO.18, 72 CROSS, 5^TH BLOCK, RAJAJINAGAR, BANGALORE-560010.

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...COMPLAINANT

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(BY SRI MANJUNATHA K., ADVOCATE)

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AND:

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1 . SRI SIDDESHWAR N, AGE MAJOR, EXECUTIVE DIRECTOR / SECRETARY, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, KARNATAKA STATE CO-OPERATIVE BOARD BUILDING, 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL, CUNNINGHAM ROAD, BANGALORE-560052.

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2 . THE STATE OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001. REPRESENTED BY ITS SECRETARY,

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...ACCUSED

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(BY SRI Y.R. SADASHIVA REDDY, SENIOR COUNSEL FOR SRI NAGAIAH, ADVOCATE)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE DIRECTIONS PASSED BY THE HON'BLE COURT IN W.P.NO. 20438/2015 DATED 05.02.2020 VIDE ANNEXURE-A.

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THIS CCC 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 contempt petition is filed under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 praying to take action against the accused for willful and deliberate disobedience of the order dated 5.2.2020 made in Writ Petition No.20438/2015, wherein the learned Single Judge of this Court has passed the following order:

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" The 2^nd respondent is directed to consider the case of the petitioner to grant 5% weightage of service to the petitioner for each year irrespective of the date of appointment and proportionate weightage to the service less than one half of the academic year and pass appropriate orders in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order."

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Learned counsel for the accused filed counter-affidavit dated 24.1.2022 duly sworn to by Accused No.1, wherein at paragraph-5 it is specifically stated as under:

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"5. I respectfully submit that, I have preferred a Writ Appeal No.71/2021 against the order passed by the learned Single Judge wherein the Division Bench of this Hon'ble Court has directed the complainant counsel not to precipitate the contempt matter till disposal of the Writ Appeal pending for adjudication and in view of the same the contempt petition is not survived for consideration and liable to be dismissed. The copy of the stay order is produced herewith as Annexure-A for

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kind perusal of this Hon'ble Court. Hence this compliance affidavit."

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Sri Y.R. Sadashiva Reddy, learned senior counsel for the accused contended that the matter is seized before the Division Bench of this Court in Writ Appeal No.71/2021 and in the said appeal, the Coordinate Bench of this Court has granted an interim order directing the present complainant not to precipitate the contempt proceedings till the adjudication of the writ appeal. Therefore, the present contempt petition would not survive for consideration.

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The said submission is placed on record.

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In view of the above, we pass the following:

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O R D E R

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The contempt proceedings are hereby dropped .

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However, it is needless to observe that it is always open for the complainant to file revival application or to file fresh contempt petition after disposal of Writ Appeal

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No.71/2021, pending adjudication before the Coordinate Bench, in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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Gss*

Dattappa Nigappa v. Sri Siddeshwar N

Case brief

What is this about?

What did the court decide?

Dattappa Nigappa v. Sri Siddeshwar N

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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