Dismissed

Bapuji Sarvajanika Vidyarthinilaya v. Sri C G Nagaraju

Karnataka HC27 Mar 2024CCC/233/2024

Case brief

AI extract

What is this about?

This Court dismissed the Civil Contempt Petition filed against the Deputy Commissioner for violating an order under WP No.30189/2017. The Court held that the previous order merely suggested the State Government may provide funds and did not contain a mandatory direction or requirement for factual implementation, thus no case of contempt arose.

What did the court decide?

The application to initiate contempt proceedings was dismissed with the observation that no case of contempt arises.

Bapuji Sarvajanika Vidyarthinilaya Vs Sri C G Nagaraju — Contempt of Court | Karnataka HC (2024)

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NC: 2024:KHC:12621-DB CCC No. 233 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, 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. 233 OF 2024

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BETWEEN:

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BAPUJI SARVAJANIKA VIDYARTHINILAYA RAMASAMUDRA, CHAMARAJANGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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Digitally signed by VASANTHAKUMARY B K Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY ITS PRESIDENT/AUTHORISED SIGNATORY SRI. R M KANTHRAJU S/O LATE MADAIAH, AGED ABOUT 83 YEARS, RESIDING AT NO 15/358, DOUBLE ROAD, OPP SERICULTURE OFFICE, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA 571 313. CHAMARAJANAGARA DISTRICT. (SENIOR CITIZEN NOT CLAIMED THIS PETITION)

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…COMPLAINANT

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(BY SRI. BHADRINATH R.,ADVOCATE)

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AND:

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SRI. C. G. NAGARAJU, AGED ABOUT 52 YEARS, S/O LATE GUNDAIAH, RESIDING AT NO 15/7, BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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2 - NC: 2024:KHC:12621-DB CCC No. 233 of 2024

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SRI. MAHADEVAIAH, AGED ABOUT 76 YEARS, S/O LATE CHIKKANDAIAH, RESIDING AT WARD NO 30, BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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SRI. SHIVA KUMAR, AGED ABOUT 34 YEARS, S/O LATE CHIKKANARASAIAH, RESIDING AT BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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SRI. SHIVANNA, AGED ABOUT 34 YEARS, S/O NIGARAJU, RESIDING AT BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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SRI. RAJANNA, AGED ABOUT 71 YEARS, S/O LATE RACHAIAH, RESIDING AT BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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DR.RAJNEESH GOEL, CHIEF SECRETARY, THE STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001.

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SRI.D.S.RAMESH THE DEPUTY COMMISSIONER, CHAMARAJANAGAR TOWN, CHAMARAJANAGARA-571 313. CHAMARAJANAGARA DISTRICT.

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3 - NC: 2024:KHC:12621-DB CCC No. 233 of 2024

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SRI.MALLIKARJUNA THE DEPUTY DIRECTOR SOCIAL WELFARE DEAPRTMENT, CHAMARAJANAGAR TOWN, CHAMARAJANAGARA-571 313 CHAMARAJANAGARA DISTRICT.

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SRI.RAMADAS, THE CHIEF OFFICER, CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313. CHAMARAJANAGAR DISTRICT.

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…ACCUSED

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THE GOVERNMENT OF KARNATAKA, ROOM NO.320, III FLOOR, VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU-560 001. REP. BY ITS CHIEF SECRETARY.

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…PROFORMA RESPONDENT No.10

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(BY SRI.S S MAHENDRA.,G.A. FOR A6 TO A8 & R10)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED No.7 HEREIN FOR HAVING WILLFUL VIOLATION AND DELIBERATE DISOBEDIENCE OF THE ORDER/DIRECTION ISSUED BY THIS HONBLE COURT IN ORDER DATED 03.01.2022 IN WP NO.30189/2017 PASSED BY THIS HONBLE COURT AS FOUND AT ANNEXURE-A AND PUNISH THE ACCUSED NO.7 IN ACCORDANCE WITH LAW.

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THIS CCC COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE THE FOLLOWING:

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4 - NC: 2024:KHC:12621-DB CCC No. 233 of 2024

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ORDER

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The Writ Petition No. 30189 OF 2017 was disposed of finally

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with the following directions,

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“6. The Writ Petition, as such, is disposed of with the observations that the State Government may provide the funds for the construction of the hostel to the 5^th respondent, who shall immediately construct the hostel as soon as the funds are made available under the superintendence of the 2^nd respondentDeputy Commissioner.”

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On bare reading of the aforesaid observations, what is stated by learned Single Judge is that, the State Government may provide the funds for construction of the hostel.

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This Court does not find any direction which could be implemented by invoking the contempt jurisdiction.

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Since there is no direction for factful implementation contained in the order of the learned Single Judge, the application filed by the complainant for taking action under the contempt law is misconceived. No case of contempt of court arises.

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This Application is accordingly dismissed.

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NC: 2024:KHC:12621-DB CCC No. 233 of 2024

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In view of disposal of the petition, interlocutory application

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would not survive and it stands accordingly disposed off.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

Bsv List No.: 1 Sl No.: 7

Bapuji Sarvajanika Vidyarthinilaya v. Sri C G Nagaraju

Case brief

What is this about?

What did the court decide?

Bapuji Sarvajanika Vidyarthinilaya v. Sri C G Nagaraju

Case brief

What is this about?

What did the court decide?

What the court decided

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