Contempt petition for alleged disobedience of an order dated 07.09.2023 in W.P.No.85977/2012, which had set aside three University orders. The court held the Single Judge issued no direction to the respondents, so compliance could not be sought, and dismissed the petition as not maintainable.
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NC: 2024:KHC-K:4094-DB CCC No.200082 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO.200082 OF 2024
BETWEEN:
MR.NAGENDRA B. BIRADAR S/O BABURAO BIRADAR, AGED ABOUT 73 YEARS, OCC: RETD. OFFICE SUPERINTENDENT R/AT C/O SIDDAYYA GUTTEDAR, H.NO.2-910/59/60/A/61, NEAR VANI VILAS SCHOOL, YAMUNA NAGAR, KHUSNOOR ROAD, GULBARGA – 585 105.
…COMPLAINANT
Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA
(BY SRI DANAPPA P.PANIBHATE, ADVOCATE)
AND:
…ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS FOR DISOBEYING THE ORDER DATED 07.09.2023 PASSED BY THIS COURT IN WRIT PETITION NO.85977/2012 VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ASHOK S. KINAGI J., MADE THE FOLLOWING:
ORDER
This contempt petition is arising out of the order dated 07.09.2023 passed in W.P.No.85977/2012.
We have perused the impugned order passed by the learned Single Judge which discloses that the learned Single Judge has allowed the writ petition and set aside the orders passed by the University viz., the order dated 20.05.2011 vide Annexure-G, order dated 25.11.2011 vide Annexure-K and order dated 09.12.2011 vide Annexure-L to the writ petition. The learned Single Judge has not
issued any direction to the respondents. Hence, the question of compliance by the respondents would not arise. In view of the same, the contempt petition filed by the complainant is not maintainable.
Accordingly, the contempt petition is dismissed.
Sd/JUDGE
Sd/JUDGE
NB List No.: 1 Sl No.: 9 Ct;Vk
1 issue framed by the court
Whether contempt proceedings lie for non-compliance of a writ order that set aside University orders without issuing any direction to the respondents.
1 provisions across 1 enactments
Nagendra B. Biradar
The Secretary, The State of Karnataka, Department of Higher Education
Prof. Dayanand Agsar, Vice Chancellor, Gulbarga University
Prof. Medhavini S. Katti, Registrar, Gulbarga University
Ashok S. Kinagi
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
