Dismissed

V.Ashok Babu v. Tushar Giri Nath

Karnataka HC6 Nov 2024CCC/834/2022

Case brief

AI extract

What is this about?

This is an oral order dropping contempt proceedings initiated against the Corporation Commissioner and Executive Engineer for willful disobedience of a previous order. The court accepted that the accused had complied with the directions by transferring the claimed amounts via RTGS and the representation was marked as per compliance affidavit.

What did the court decide?

The contempt proceedings were dropped/dropped against the accused Nos. 1 and 2 as they had complied with the order.

V.Ashok Babu Vs Tushar Giri Nath — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC:44705-DB CCC No. 834 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 834 OF 2022

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BETWEEN:

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V. ASHOK BABU AGED ABOUT 52 YEARS R/O NO.34, 4^TH CROSS ROAD NAGAPPA STREET, P G HALLI BENGALURU – 560053.

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…COMPLAINANT

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(BY SRI. SUMANTH L BHARADWAJ - ADVOCATE)

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AND:

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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TUSHAR GIRI NATH THE COMMISSIONER, BBMP NEAR HUDSON CIRCLE BANGALORE-560001.

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JAISHANKAR THE EXECUTIVE ENGINEER GANDHINAGAR DIVISION BHASHYAM PARK SOUTH CENTRAL STREET B.B.M.P. BANGALORE-560001.

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…ACCUSED

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(BY SMT. SINCHANA M R - ADVOCATE)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING THAT,

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2 - NC: 2024:KHC:44705-DB CCC No. 834 of 2022

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SUMMONS/NOTICES MAY KINDLY BE ISSUED TO THE ACCUSED PERSONS AND THEY MAY BROUGHT BEFORE THIS HON’BLE COURT AND TRIED AND PUNISHED FOR THE OFFENCE OF CONTEMPT OF COURT COMMITTED BY THEM BY SHOWING DELIBERATE DISRESPECT AND BY WILLFUL DISOBEDIENCE OF THE FINAL ORDER OF THIS HON’BLE COURT DATED 22.10.2021 PASSED IN W.P.NO.12936/2021 (LB-BMP).

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THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND

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HON'BLE MR JUSTICE RAJESH RAI K

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This contempt proceeding is initiated by the complainant against the respondents for willful disobedience of the order dated 22.10.2021 passed by the learned Single Judge in WP.No.12936/2021 (LB - BMP).

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Learned counsel Sri Sumanth.L.Bharadwaj for the

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complainant is on record but there is no representation either through video conferencing or present before the

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3 - NC: 2024:KHC:44705-DB CCC No. 834 of 2022

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Court physically. Learned counsel Smt Sinchana M.R for accused Nos.1 and 2 appears through video conferencing.

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The proceedings in WP.No.12936/2021 (LB-BMP) is clubbed with WP.No.6871/2020 (LB-BMP). Para No.4 of the said order indicates as Both these petitioners have submitted respective representations to the BBMP for release of the amount. The claim of the petitioners in WP.No.6871/2020 is Rs.15,74,599.53 and in companion writ petition is Rs.20,55,609/-. Representations have not yet met their consideration at the hands of the BBMP, for release of the amounts, so claimed.

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Learned counsel Smt Sinchana.M.R for accused Nos.1 and 2 presses into service for consideration of compliance affidavit inclusive of Document No.1. Para No.4 of the compliance affidavit states as the accused has complied with the directions of this Hon’ble Court dated 22.10.2021 in WP.No.12936/2021. Copy of RTGS Form to prove the transfer of the claimed amount to the

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4 - NC: 2024:KHC:44705-DB CCC No. 834 of 2022

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complainant is produced herewith and marked as

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Document No.1.

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Keeping in view the submission made by the learned counsel for the accused Nos.1 and 2 and compliance affidavit, this contempt proceeding does not survive for consideration to proceed against the accused Nos.1 and 2. Accordingly, the contempt proceeding is hereby dropped.

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SD/(K.SOMASHEKAR)

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JUDGE

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SD/(RAJESH RAI K) JUDGE

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V.Ashok Babu v. Tushar Giri Nath

Case brief

What is this about?

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V.Ashok Babu v. Tushar Giri Nath

Case brief

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