Dismissed¶47

Sri. Srinivasa Murthy H M v. N. Jayaram

Karnataka HC29 Jan 2025CCC/176/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CCC No. 176 of 2023; decided 29.01.2025; NC: 2025:KHC:4008-DB; civil contempt; Contempt of Courts Act, 1971, Sections 11 and 12; disobedience of writ order; W.P. No.52870/2018 (KLR/CON) order dated 24.11.2022; cognate matter W.P.No.59394/2016; Writ Appeal No.148/2023 pending with interim stay in I.A. No.1/2023; refund with interest; A.V. Vinoda v. State of Karnataka referred by counsel; contempt proceedings dropped as not surviving; liberty granted to complainant; Bench: K. Somashekar and Venkatesh Naik T, JJ.; order per K. Somashekar, J.

What did the court decide?

Contempt proceeding dropped (no punishment imposed); liberty granted to the complainant as sought. ¶47

Sri. Srinivasa Murthy H M Vs N. Jayaram — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:4008-DB CCC No. 176 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025

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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 VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 176 OF 2023

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BETWEEN:

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SRI. SRINIVASA MURTHY H.M., S/O LATE G. MUNIRATHNAIAH, AGED ABOUT 47 YEARS.

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SMT. MANJULA D/O LATE G. MUNIRATHNAIAH, W/O SANJEEV KUMAR H.M., AGED ABOUT 36 YEARS.

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BOTH ARE

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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R/AT NO.70, HEMMIGEPURA, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560 060

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…COMPLAINANTS

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(BY SRI. SUNDARESH H.C., ADVOCATE)

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AND:

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N. JAYARAM PRINCIPLE SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, AMBEDKAR VEEDHIKE,

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NC: 2025:KHC:4008-DB CCC No. 176 of 2023

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BANGALORE 560 001.

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DAYANAND K.A., THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BANGALORE 560 020.

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001

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…ACCUSED

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(BY SMT. NAMITHA MAHESH B.G., AGA FOR R1, R2 AND R3-STATE)

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HONBLE COURT IN WP NO.52870/2018 DATED 24.11.2022 AS PER THE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T

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NC: 2025:KHC:4008-DB CCC No. 176 of 2023

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ORAL ORDER

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

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This contempt proceeding has been initiated by the

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complainant for disobeying the orders rendered by the learned Single Judge on the writ side in W.P. No.52870/2018 (KLR/CON), dated 24.11.2022. Wherein at para-2 of the order indicates that the writ petition also disposed off granting the same relief as has been granted to the litigant in the cognate writ petition sans any interest in the special circumstances if the refund is not made within a period of eight weeks, the interest would accrue with retrospective effect. This observation made by the learned single judge in this matter is suppressed by the learned AGA.

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Whereas the learned AGA in this matter submitting for consideration the status of the proceeding in Writ Appeal No.148/2023 and this appeal has been preferred by the appellant in respect of the order passed

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by the Learned Single Judge on the writ side in

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NC: 2025:KHC:4008-DB CCC No. 176 of 2023

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W.P.No.59394/2016 and wherein I.A. No.1/2023 was filed

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for seeking some sought of interim relief and accordingly stay was granted and the said status in this matter is also placed by the learned AGA for consideration.

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3. However, keeping in view the orders rendered

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by the learned Single Judge on the writ side in the aforesaid writ petition, wherein observation is made that the subject matter of this writ petition is substantially similar to the one in W.P.No.59394/2016, para-2 indicates and the counsel for the complainant argued that similar relief cannot be denied to his client who is similarly placed, relied upon a Division Bench judgment of this court in the case of A.V. VINODA & ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY, disposed off on 11.12.1974.

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However, the appeal in Writ Appeal

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No.148/2023 is pending for consideration of the issues emerged between the appellant and respondents and such being the position, this contempt proceedings does not

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NC: 2025:KHC:4008-DB CCC No. 176 of 2023

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survive for consideration for seeking implementation of the orders passed by the learned Single Judge on the writ side. Therefore, the contempt proceeding is hereby dropped.

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In the meanwhile, learned counsel for the

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complainant seeking some liberty. Therefore, liberty is granted as sought for.

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Sd/(K.SOMASHEKAR) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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JJ List No.: 1 Sl No.: 8 CT:SNN

Sri. Srinivasa Murthy H M v. N. Jayaram

Case brief

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Sri. Srinivasa Murthy H M v. N. Jayaram

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