In this civil contempt petition, the court considered a compliance affidavit and an apology filed by the accused regarding delay in complying with an order dated 29.3.2022. Finding the order duly complied with, the court disposed of the complaint and discharged the notice.
Complaint of contempt is disposed of; Notice is discharged; Costs awarded.
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NC: 2023:KHC:39569-DB CCC No. 15 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 15 OF 2023
BETWEEN:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
MR. H. S. MALLIKARJUNAPPA, S/O. H. S. SAMBALINGAPPA, AGED ABOUT 61 YEARS, RETIRE ASSOCIATE PROFESSOR, SRI SIDDAGANGA FIRST GRADE COLLEGE OF ARTS, SCIENCE AND COMMERCE FOR WOMEN, B. H. ROAD, TUMUKURU-572 102, R/AT GURU SHREE NILAYA, 5TH CROSS, 1ST MAIN, 3RD BLOCK, KUVEMPUNAGARA, TUMKUR-572 103. …COMPLAINANT
(BY SRI. RAMANANDA A D.,ADVOCATE)
AND:
NC: 2023:KHC:39569-DB CCC No. 15 of 2023
FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.
…ACCUSED
(BY SRI.S S MAHENDRA.,PRINCIPAL GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE COGNIZANCE OF CONTEMPT COMMITTED BY THE ACCUSED BY WILLFUL DISOBEDIENCE OF THE ORDER DATED 29.3.2022 IN WP NO.2465/2022 VIDE ANNEXURE-A .
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Pursuant to our notice, Compliance Affidavit is filed on behalf of respondents-accused sworn to by Sri S.R.Uma Shankar, Addl. Chief Secretary, Higher Education Department, Government of Karnataka, Bengaluru. It may not be necessary to refer to all the details given in Compliance Affidavit. Suffice it to say that on consideration of representation, an Endorsement dated 12.12.2022 is issued showing details of payment of the amounts and the same is placed on record as Document
No.1 along with translated copy. It is also stated in the Compliance Affidavit that the delay caused in completing the exercise is due to certain procedural aspects and administrative difficulties. The respondent-accused also tendered his unconditional apology for the delay caused.
In view of the above, accepting the statements made in the Compliance Affidavit it can safely be said that the order of this court is duly complied with and the complaint of contempt is disposed off. Notice is discharged.
It is needless to state that if the complainant feels aggrieved by the endorsement, he may avail appropriate remedy before the competent forum or judicial forum, if so advised.
Costs made easy.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
Snb/
2 issues framed by the court
Whether the accused have duly complied with the order dated 29.3.2022 in WP No. 2465/2022.
Whether the complaint of contempt should be disposed of given the compliance affidavit and apology.
1 provisions across 1 enactments
H. S. Mallikarjunnappa
G. Kumar Naik
I. N. S. Prasad
State of Karnataka
Prasanna B. Varale
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
