Dismissed

Basavaraj Shivashankarappa Terdal v. Shri S C Bewoor

Karnataka HC8 Jan 2024CCC/100199/2022

Case brief

AI extract

What is this about?

A civil contempt petition challenging endorsements issued by the Respondents-Commissioners. The Court found that since the Corporation acted in pursuance of this Court's order, there was substantial compliance. The petition was dismissed and further proceedings were dropped.

What did the court decide?

Further proceedings in the contempt petition were dropped following a finding of substantial compliance.

Basavaraj Shivashankarappa Terdal Vs Shri S… — Civil Procedure and Limitation | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:344-DB CCC No. 100199 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF JANUARY, 2024 PRESENT

¶3

THE HON'BLE MR JUSTICE S G PANDIT AND

¶4

THE HON'BLE MR JUSTICE K V ARAVIND

¶5

CIVIL CONTEMPT PETITION NO. 100199 OF 2022

¶6

BETWEEN:

¶7

BASAVARAJ SHIVASHANKARAPPA TERDAL AGE: 47 YEARS, OCC: HDMC, SOLID WASTE MANAGEMENT CONTRACTOR, WARD NO.29 OF HUBBALLI, R/O.MANGAL ONI, KARWAR ROAD, HUBBALLI, TQ. HUBBALLI, DIST.DHARWAD-580001.

¶8

RAMESH NAGAPPA KOLAGOND AGE: 50 YEARS, OCC: HDMC, SOLID WASTE MANAGEMENT CONTRACTOR, WARD NO.42 OF HUBBALLI, R/O.AMBEDKAR NAGAR, CHANPETH, OLD HUBBALLI, TQ.HUBBALLI, DIST.DHARWAD-580001.

¶9

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.01.10 15:29:44 +0530

¶10

VENKATESH NARAYAN GUNDLAPALLI AGE: 34 YEARS, OCC: HDMC, SOLID WASTE MANAGEMENT CONTRACTOR, WARD NO. 43 OF HUBBALLI, R/O. INDIRA NAGAR, P.B. ROAD, TQ.HUBBALLI, DIST.DHARWAD-580001.

¶11

BASAPPA MALLAPPA YAMANAL AGE: 56 YEARS, OCC: HDMC, SOLID WASTE MANAGEMENT CONTRACTOR, WARD NO.41 OF HUBBALLI, R/O.AMBEDKAR NAGAR, CHANPETH, OLD HUBBALLI, TQ.HUBBALLI DIST.DHARWAD-580001.

¶12

…COMPLAINANTS

¶13

(BY SRI. RAMCHANDRA V. BHAT, ADV. FOR SRI. NANDISH PATIL, ADVOCATES)

¶14

2 - NC: 2024:KHC-D:344-DB CCC No. 100199 of 2022

¶15

AND:

¶16

SHRI. S.C. BEWOOR THE ASSISTANT COMMISSIONER, ZONAL OFFICE-06, HUBLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TQ.HUBBALLI, DIST.DHARWAD-580001.

¶17

SHRI. BASAVARAJ F. GIDDI THE ASSISTANT COMMISSIONER, ZONAL OFFICE-10, HUBLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TQ.HUBBALLI, DIST.DHARWAD-580001.

¶18

…ACCUSED

¶19

(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)

¶20

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO PUNISH THE RESPONDENTS/ACCUSED UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT FOR HAVING WILLFULLY DISOBEYED THE DIRECTIONS ISSUED BY THIS HON’BLE COURT IN WRIT PETITION NO.102950/2018 DATED 16.03.2022 VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY.

¶21

THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, S G PANDIT J., MADE THE FOLLOWING:

¶22

ORDER

¶23

Both the learned counsels would submit that in pursuance to the order dated 16.03.2022 in W.P.No.102950/2018, the respondents-Corporation issued endorsements at Annexures-E to E3.

¶24

This Court under order dated 16.03.2022, directed the 2^nd respondent-Assistant Commissioner to

¶25

3 - NC: 2024:KHC-D:344-DB CCC No. 100199 of 2022

¶26

reconsider the representation of the petitioners having due consideration to the practice follwowed by the Corporation in the year 2009 to 2016 as also it is directed the Commissioner to consider the representation at Annexure-M dated 17.01.2017. Learned counsel Sri G.I.Gachchinamath for accused Nos.1 and 2 would submit that the endorsement issued is inconsonance with the direction issued by this Court.

¶27

As the Corporation has issued endorsement in pursuance to the order of this court, there is no willful disobedience and we are of the view that there is substantial compliance. If the complainants are aggrieved, it is open for the complainants to challenge those endorsements at Annexures-E to E3 dated 17.05.2022 and dated 20.05.2022.

¶28

With the above, the further proceedings dropped.

¶29

Sd/JUDGE

¶30

CLK/LIST NO.: 1 SL NO.: 26

¶31

Sd/JUDGE

Basavaraj Shivashankarappa Terdal v. Shri S C Bewoor

Case brief

What is this about?

What did the court decide?

Basavaraj Shivashankarappa Terdal v. Shri S C Bewoor

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

Coram

Case details

Similar cases

Divisional Manager Vs Megha W/O Rajkumar Alase

Yallappa S/O. Shivaji Balekundri Vs the State of Karnataka

Shri. Satteppa S/O Siddappa Kemp Vs the State of Karnataka

D Nagarjun S/O D Hanumanthappa Vs Director General of Police

Sharmila W/O. Ramjan Ali Dudekula Vs Ramjan Ali S/O. Vannursab Dudekula

Shri. Ajit K. Bhadrakali Vs Shri. Ashok Dudagunti