Disposed

G.Venkatesh v. Mr.Tushar Girinath

Karnataka HC17 Nov 2023CCC/182/2023

Case brief

AI extract

What is this about?

In a civil contempt petition filed under the Contempt of Courts Act, the accused petitioners submitted that there was no willful disobedience of the court order. Consequently, the Bench disposed of the complaint without punishment, permitting the complainant to challenge any adverse order in the pending writ petition in a separate proceeding.

What did the court decide?

The complaint of contempt was disposed off; learned counsel for respondents permitted to file affidavit.

G.Venkatesh Vs Mr.Tushar Girinath — Contempt of Court | Karnataka HC (2023)

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NC: 2023:KHC:41039-DB CCC No. 182 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2023

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PRESENT

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THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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CIVIL CONTEMPT PETITION NO. 182 OF 2023

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BETWEEN:

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G.VENKATESH, S/O SRI. G ASHWATHANARAYANA SETTY, AGED ABOUT 56 YEARS, R/AT NO. 13, BALAJI KOIL STREET, BENGALURU 560 042.

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…COMPLAINANT

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(BY SRI. SHEKER SHETTY.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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MR.TUSHAR GIRINATH, THE CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, NR SQUARE, BANGALORE 560 002.

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MRS. SHILPA R THE ZONAL COMMISSIONER (EAST) BRUHAT BANGALORE MAHANAGARA PALIKE, MAHATHM GANDHI ROAD, MAYO HALL, BENGALURU 560 001.

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MR. VINOD, THE ASSISTANT EXECUTIVE ENGINEER, C.V RAMAN NAGAR SUB DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BENGLAURU 560 001.

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…ACCUSED

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(BY SRI. MALLIKARJUN REDDY K S.,ADVOCATE FOR R1 TO R3)

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2 - NC: 2023:KHC:41039-DB CCC No. 182 of 2023

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THIS CCC IS FILED UNDER SECTIONS 2(B) 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR DISOBEYING THE DIRECTION OF THIS HON'BLE COURT IN WP NO.15070/2022 PASSED ON 23.9.2022 VIDE ANNEXURE-A.

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THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Learned counsel appearing for the Accused persons submits before this Court that pursuant to the order dated 23.09.2022 made by the learned Single Judge in W.P.No.15070/2022, the appropriate action was initiated against the private Respondents therein in the form of issuance of notices. The private Respondents initially filed an appeal before the Commissioner challenging these notices. Subsequently, those appeals came to be dismissed. Being aggrieved by the order of dismissal, the private parties preferred W.P.No.11647/2023 and the learned Single Judge passed an interim order granting staying the order passed by the Commissioner. Learned counsel submits that he will place on record all these facts

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by way of an affidavit.

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3 - NC: 2023:KHC:41039-DB CCC No. 182 of 2023

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In view of the statement made by learned counsel for

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the Accused/Respondents on instructions that it can safely be said that there is no willful disobedience of the order of the learned Single Judge and as such the Complaint of Contempt needs to be disposed off.

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In case, complainant is aggrieved by the order to be made in the pending Writ Petition, he may take appropriate steps to challenge the same before the competent authority.

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Learned counsel for the Accused/Respondents is permitted to place on record affidavit within one week.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Bsv

List No.: 1 Sl No.: 5

G.Venkatesh v. Mr.Tushar Girinath

Case brief

What is this about?

What did the court decide?

G.Venkatesh v. Mr.Tushar Girinath

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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