Disposed

Saask Developers v. Mr Ramesh B S

Karnataka HC5 Sept 2023CCC/100172/2023

Case brief

AI extract

What is this about?

The complainant filed a Civil Contempt Petition for deliberate disobedience of a single judge's order. The court held that the petitioner, having alternative remedies in the parent writ petition to ventilate grievances, must approach those. Consequently, the contempt proceedings were disposed of with liberty to pursue other legal remedies.

What did the court decide?

Contempt proceedings disposed of reserving liberty to the complainant to seek other remedies available in law.

Saask Developers Vs Mr Ramesh B S — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10123-DB CCC No. 100172 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR AND

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THE HON'BLE MR JUSTICE G BASAVARAJA CIVIL CONTEMPT PETITION NO. 100172 OF 2023

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BETWEEN:

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SAASK DEVELOPERS A PARTNERSHIP FIRM, O/AT: PLOT NO. 15/D, SANKALA PURA INDUSTRIAL AREA, I-PHASE BALLARI ROAD, HOSAPETE, DIST.: BALLARI – 583201. REPRESENTED BY ITS PARTNER, SYED NIZAMUDDIN S/O. SYED ASGAR PASHA.

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…COMPLAINANT (BY SRI GIRISH YADAWAD, ADVOCATE)

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AND:

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.09.12 03:13:41 -0700

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MR. MANOHAR B.S., THE COMMISSIONER, CITY MUNICIPAL COUNCIL, HOSPETE AND MEMBER SECRETARY TO ASHRAYA SAMITI, HOSAPETE, TQ: HOSAPETE, DIST: BALLARI 583201.

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MR. ANAND SINGH SITTING MLA OF HOSPETE CONSTITUENCY AND CHAIRMAN, ASHRAYA SAMITI, HOSAPETE, O/AT: CITY MUNICIPAL COUNCIL, HOSAPETE, DIST. BALLARI - 583201. (DELETED AS PER ORDER DATED 26.07.2023)

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…RESPONDENTS/ACCUSED

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2 - NC: 2023:KHC-D:10123-DB CCC No. 100172 of 2023

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(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R1) (R2 DELETED)

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THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT, 1971, AGAINST THE ACCUSED AND PUNISH HIM FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 30.12.2020 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.148853/2020 (GM RES) VIDE ANNEXURE-A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, KRISHNA KUMAR, J., MADE THE FOLLOWING:

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ORDER

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Heard learned counsel for the complainant and

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learned counsel for respondent No.1/accused.

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The material on record discloses that the petitioner would have to seek ventilation of his grievances by taking recourse to such remedies as available in law against not only the accused herein, but also against the

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3 - NC: 2023:KHC-D:10123-DB CCC No. 100172 of 2023

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other respondents in Writ Petition No.148853/2020 out of

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which the present contempt proceedings arise.

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Under these circumstances, the present contempt proceedings are disposed of reserving liberty in favour of the complainant to take recourse to such remedies as available in law.

Sd/JUDGE

Sd/JUDGE

LIST NO.: 1 SL NO.: 12

Saask Developers v. Mr Ramesh B S

Case brief

What is this about?

What did the court decide?

Saask Developers v. Mr Ramesh B S

Case brief

What is this about?

What did the court decide?

What the court decided

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