The High Court disposed of a Civil Contempt Petition filed for willful disobedience of an order granting a Food Processing Point. The Court held that since the authority granted the requested relief subject to prerequisites which were complied with, the grievance no longer existed.
Contempt petition disposed off; notice discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:38108-DB CCC No. 323 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 323 OF 2023
BETWEEN:
SMT. K S ARPITHA, AGED ABOUT 30 YEARS, D/O K S SUDHIR KUMAR, RESIDENT OF KARASWADI VILLAGE, MANDYA TALUK, MANDYA DISTRICT – 571 425.
…COMPLAINANT
(BY SRI. ESHWAR PRASAD., ADVOCATE FOR SRI. SHIVARAMU H C.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
…ACCUSED
(BY SRI.S S MAHENDRA.,PRINCIPAL GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF THE WILLFUL DISOBEDIENCE OF THE ORDER
DATED 02.02.2023 PASSED IN WP.NO.28657/2016 AT ABBEXURE-A AND PUNISH THE SECOND ACCUSED FOR THE WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER STATED SUPRA, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate submits
that copy of the Complaint of Contempt was served on the
Government pleader and on receipt of the same, instructions/information was sought for. It is intimated to the Office of the Government Pleader that pursuant to learned Single Judge’s order dated 02.02.2023 the Deputy Director, Karnataka Food Civil Supplies and Consumer Affairs, Mandya, has considered the application and forwarded the communication dated 22.05.2023 intimating to the Petitioner/Complainant that subject to compliance of certain prerequisites by her, the authority would grant FDP point at Karaswadi Village. A copy of Communication dated 22.05.2023 is taken on record and marked as X. It is also submitted that as per the Karnataka Essential Commodities (Public Distribution System) Control Order
2016, necessary information is also sent to the
Government for prior approval/sanction.
In view of the above referred facts, the grievance raised by the Complainant does not survive for consideration and accordingly, this Complaint of Contempt is disposed off. Notice is discharged.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
Bsv
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the contempt petition should survive for consideration given the subsidence of the underlying grievance.
1 provisions across 1 enactments
Prasanna B. Varale
Krishna S Dixit
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
