Dismissed

Smt K T Kamalamma v. Smt Sashikala Wodeyar

Karnataka HC25 Oct 2023CCC/631/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Civil Contempt Petition and a connected Writ Appeal regarding the non-implementation of an earlier order mandating license renewal. The Court held that since the accused had indicated readiness to comply upon receipt of fee details, no necessary for contempt punishment remains.

What did the court decide?

Contempt petition dismissed; Notice discharged; Writ Appeal disposed of; Directions to issue transfer/renewal license upon fee payment reaffirmed.

Smt K T Kamalamma Vs Smt Sashikala Wodeyar — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:37787-DB CCC No. 631 of 2023 C/W W.A.No.60 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 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.631 OF 2023 (CIVIL)

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C/W

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WRIT APPEAL No.60 OF 2023(EXCISE)

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IN CCC No.631/2023:

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BETWEEN:

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

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SMT. K.T. KAMALAMMA W/O. LATE M. RANGARAJU AGED ABOUT 61 YEARS, R/AT NO.476-3, AMMALAMMA NILAYA DOOR NO.97, 1^ST MAIN, NEW BANK COLONY, CHUNCHUNGHATTA MAIN ROAD, BANGALORE-560 062.

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(BY SRI B.N. SHETTY, ADVOCATE)

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…COMPLAINANT

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AND:

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SMT. SASHIKALA WODEYAR DY. COMMISSIONER OF EXCISE BANGALORE URBAN DISTRICT (BUD-2) NO.244, 8^TH 'E' MAIN ROAD, HRBR LAYOUT, 1^ST BLOCK, KALYANNAGAR, BANGALORE-560 043.

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NC: 2023:KHC:37787-DB CCC No. 631 of 2023 C/W W.A.No.60 of 2023

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STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.

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…ACCUSED

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(BY SRI DEVARAJ ASHOK, HCGP)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR HIS DISOBEDIENCE OF ORDER MADE BY THIS HON'BLE HIGH COURT ON 01.07.2022 IN WRIT PETITION NO.4080/2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN W.A.NO.60/2023:

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BETWEEN:

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THE COMMISSIONER OF EXCISE, O/O COMMISSIONER OF EXCISE, 2^ND FLOOR, TTMC A BLOCK, BMTC COMPLEX, SHANTHI NAGAR, BENGALURU - 560 027.

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THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU – 560 009.

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THE DEPUTY COMMISSIONER (EXCISE), BENGALURU URBAN DISTRICT (BUD 2), BENGALURU - 560 002.

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…APPELLANTS

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(BY SRI. DEVARAJ ASHOK., HCGP)

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AND:

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SMT. K T KAMALAMMA, W/O LATE M RANGARAJU, AGED ABOUT 61 YEARS, R/AT NO 476/3, AMMALAMMA NILAYA, NEW BANK COLONY, CHUNCHAGHATTA MAIN ROAD, BENGALURU- 560 062. (BY SRI. B N SHETTY.,ADVOCATE)

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…RESPONDENT

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3 - NC: 2023:KHC:37787-DB CCC No. 631 of 2023 C/W W.A.No.60 of 2023

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THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 01/07/2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.4080/2021 AND CONSEQUENTLY DISMISS THE WRIT PETITION AND UPHOLD THE ORDERS PASSED BY APPELLANT NO.1 AND 2.

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

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ORDER

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This Complaint of Contempt alleges violation of a learned Single Judge’s order made in W.P.No.4080/2021 (EXCISE) disposed off on 01.07.2022 with a mandate as under:

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“ The Writ Petition is allowed.

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The impugned endorsement dated 22.10.2020 issued by respondent No.3 at Annexure-A is quashed.

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Respondent No.3 is hereby directed to transfer and renew the license in light of Rule 17A of the Rules in favour f the petitioner within a period of six weeks from the date of the receipt of the certified copy of this order.”

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After service of notice, the first Respondent –

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Accused and the second Respondent – State Government

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have entered appearance through the learned Additional Government Advocate. The first Respondent – Accused

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4 - NC: 2023:KHC:37787-DB CCC No. 631 of 2023 C/W W.A.No.60 of 2023

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has filed an Affidavit sworn to by her on 21.08.2023

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wherein paragraph Nos. 5, 6 & 7 read as under:

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“ 5. I most respectfully submit that upon receiving the Order dated 01.07.2022 passed in Writ Petition No. 4080/2021 (EXCISE), the Excise Department has filed the Writ Appeal NBo.60/2023, challenging the Order dated 01.07.2022 (in Writ Petition No.4080/2021) passed by the Hon’ble High Court of Karnataka.

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6. I most respectfully submit that though the Appeal has been filed against the order dated 01.07.2022 of the Hon’ble High Court of Karnataka, the office of the Deputy Commissioner of Excise has issued a letter dated 03.08.2023 to the Complainant, asking her to give willingness to pay the renewal license fee from 2013-14 to till date and produce necessary documents. Pursuant there to the Complainant has agreed to pay the said fee and produce the documents by her letter dated 07.08.2023.

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7. I most respectfully submit that in view of the Complainant paying the license fee and the necessary documents, the license will be renewed and issued in her name immediately.”

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The learned Additional Government Advocate appearing for the Respondent-Accused in all fairness submits that the order of the learned Single Judge would be implemented,

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if the Complainant pays the requisite fees for the transfer of license in question. It hardly needs to be stated that

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5 - NC: 2023:KHC:37787-DB CCC No. 631 of 2023 C/W W.A.No.60 of 2023

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the official concerned shall generate the challan and hand

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it to the Complainant for making payment to the State Treasury within a period of three weeks and that the Complainant shall also submit the required documents, if indicated by the first Respondent.

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In view of the above, these proceedings accordingly are disposed off. Notice discharged.

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It is needless to state that that as we have already directed the Respondent - Deputy Commissioner of Excise, Bengaluru Urban District to accept the amount of the requisite fee and grant transfer/renewal of license nothing remains in the accompanying case in W.A.No.60/2023 filed by the Respondents against the order dated 01.07.2022.

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Resultantly, the appeal is also disposed off.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

VMB

Smt K T Kamalamma v. Smt Sashikala Wodeyar

Case brief

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Smt K T Kamalamma v. Smt Sashikala Wodeyar

Case brief

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