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Sri M Rudrappa Vs Sri T K Anil Kumar — Contempt of Court | Karnataka HC (2025)

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Karnataka HC
2025
Sri M Rudrappa Vs Sri T K Anil KumarSri M Rudrappa v. Sri T K Anil Kumar

Disposed¶48

Sri M Rudrappa v. Sri T K Anil Kumar

Karnataka HC6 Jan 2025CCC/324/2023

Case brief

AI extract

What is this about?

Karnataka High Court (DB) CCC No. 324 of 2023, NC: 2025:KHC:9-DB, decided 06.01.2025. Civil contempt under Sections 11 and 12, Contempt of Courts Act, 1971, alleging willful disobedience of Single Judge order dated 09.07.2021 in WP.No.12306/2021 (LA-RES) by eight accused including Principal Secretaries (Health; Primary Education), Deputy Commissioner and Assistant Commissioner Davanagere, Tahsildar Channagiri, PHC Medical Officer, Head Mistress, and State of Karnataka (Revenue Department); complainants M Rudrappa and H S Rajappa. Compliance affidavit dated 02.07.2024 filed; I.A.No.1/2023 under Section 5 of the Limitation Act for condonation of 169 days' delay. Held: in view of Section 20 (one-year limitation from date of alleged contempt) and S.Tirupathi Rao Vs. M.Lingamaiah, 2024 SCC Online SC 1764 (Para 53), contempt proceeding devoid of substance; disposed; fine of Rs.2,000/- sought but not imposed.

What did the court decide?

Keeping in view Section 20 of the Contempt of Courts Act, 1971 (limitation of one year from the date of the alleged contempt) and the Supreme Court judgment in S.Tirupathi Rao (para 53), the present contempt proceeding has no substance, and consequently stands disposed of along with any interlocutory application. ¶47

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the civil contempt proceedings, instituted after expiry of one year from the date of the alleged contempt (the order dated 09.07.2021 in WP.No.12306/2021 (LA-RES)), are barred by limitation under Section 20 of the Contempt of Courts Act, 1971, notwithstanding the pending I.A.No.1/2023 for condonation of delay.

Court's answer

Keeping in view Section 20 of the Contempt of Courts Act, 1971 (limitation of one year from the date of the alleged contempt) and the Supreme Court judgment in S.Tirupathi Rao (para 53), the present contempt proceeding has no substance, and consequently stands disposed of along with any interlocutory application.

Detailed headnote1 paragraphs

Civil Contempt Petition No. 324 of 2023 (High Court of Karnataka, Division Bench, per K. Somashekar J., with Venkatesh Naik T J., decided 06-01-2025; NC: 2025:KHC:9-DB): Complainants sought punishment of the accused State functionaries for willful disobedience of the learned Single Judge's order dated 09.07.2021 in WP.No.12306/2021 (LA-RES), praying for civil imprisonment for six months and a fine of Rs.2,000/-. The learned AGA reported that a compliance affidavit dated 02.07.2024 had been filed by the competent authority. Referring to Section 20 of the Contempt of Courts Act, 1971 (no contempt proceedings after expiry of one year from the date of the alleged contempt) and to S.Tirupathi Rao Vs. M.Lingamaiah and Others, 2024 SCC Online SC 1764 (Para 53), the Court held that the contempt proceeding had no substance; the contempt proceedings were accordingly disposed of, and the interlocutory application, if any, also stood disposed of. No punishment was imposed.

A

1 -

NC: 2025:KHC:9-DB CCC No. 324 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR

AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T

CIVIL CONTEMPT PETITION NO. 324 OF 2023

BETWEEN:

SRI M RUDRAPPA SON OF LATE SHIVALINGAPPA AGED ABOUT 72 YEARS

SRI H S RAJAPPA SON OF LATE SHIVALINGAPPA AGED ABOUT 66 YEARS

BOTH ARE R/AT NUGGEHALLI VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577131.

Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

(BY SRI. SIDDAMALLAPPA P M - ADVOCATE)

AND:

SRI T K ANIL KUMAR PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF HEALTH M.S.BUILDING BANGALORE-560001.

…COMPLAINANTS

DR SELVAKUMAR PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF PRIMARY EDUCATION M.S.BUILDING, BANGALORE 560001.

2 - NC: 2025:KHC:9-DB CCC No. 324 of 2023

SRI MAHANTESH BILAGI DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE 577002.

SMT MAMATHA HOSAGOWDA ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE DISTRICT DAVANAGERE 577002.

SRI PUTTARAJU GOWDA TAHSILDAR CHANNAGIRI TLAUK, CHANNAGIRI DAVANAGERE DISTRICT - 577213.

DR AJAY MEDICAL OFFICER NITIGERE AND NUGGEHALLI GOVERNMENT PRIMARY HEALTH CENTRE NUGGEHALLI, SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577131.

SMT SUMA HEAD MISTRESS GOVERNMENT LOWER PRIMARY SCHOOL, NITIGERE AND NUGGEHALLI SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DITRICT - 577131.

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, BANGALORE-560001.

…ACCUSED

(BY SMT. NAMITHA MAHESH B.G–AGA FOR ACCUSED NO.8)

3 - NC: 2025:KHC:9-DB CCC No. 324 of 2023

THIS CCC IS FILED UNDER SECTIONS 11 and 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE PERSONS OF THE ACCUSED BEFORE THIS HON’BLE COURT FOR HIS WILLFUL DISOBEDIENCE TO THE ORDER OF THIS HON’BLE COURT DATED 09.07.2021 PASSED IN W.P.NO.12306/2021 (LA-RES) AND THEREBY PUNISH HIM FOR A CIVIL IMPRISONMENT FOR A TERM OF 6 MONTHS AND TO IMPOSE FINE FOR A SUM OF RS.2,000/-.

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

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

ORAL ORDER

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

This contempt proceeding is initiated by complainants against the respondents for willful disobedience of the order dated 09.07.2021 passed by the learned Single Judge in WP.No.12306/2021 (LA–RES) vide Annexure-A.

Learned counsel Sri Siddamallappa P.M for complainants is present. Learned AGA Smt Namitha Mahesh B.G for Respondent No.8 is also present.

4 -

NC: 2025:KHC:9-DB CCC No. 324 of 2023

Learned AGA submits that compliance affidavit dated 02.07.2024 has been filed by the competent authority relating to the order passed by the learned Single Judge in WP.No.12306/2021(LA-RES).

I.A.No.1/2023 is filed under Section 5 of the Limitation Act, seeking condonation of delay of 169 days in filing the appeal. However, it is relevant to refer Section 20 of the Contempt of Courts Act, 1971 which reads as Limitation for actions for contempt - No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

Further, It is relevant to refer the judgment rendered by the Hon’ble Supreme Court in the case of

S.Tirupathi Rao Vs. M.Lingamaiah and Others

reported in 2024 SCC Online SC 1764 wherein Para No.53 reads as under:

5 - NC: 2025:KHC:9-DB CCC No. 324 of 2023

‘ Reverting to the point of limitation, even in case of a petition disclosing facts constituting contempt, which is civil in nature, the petitioner cannot choose a time convenient to him to approach the Court. The statute refers to a specific time limit of one year from the date of alleged contempt for proceedings to be initiated; meaning thereby, as laid down in Pallav Sheth (supra), that the action should be brought within a year, and not beyond, irrespective of when the proceedings to punish for contempt are actually initiated by the High Court’.

Keeping in view the provision of Section 20 of the

Contempt of Courts Act, 1971 as well the judgment rendered by the Hon’ble Supreme Court of India stated supra, this contempt proceeding do not have any substance to persuade the issues emerged between the complainant and respondents.

Consequently, this contempt proceedings stands disposed of.

6 -

NC: 2025:KHC:9-DB CCC No. 324 of 2023

In view of disposal of this matter, interlocutory

application, if any, also stands disposed of.

Sd/(K.SOMASHEKAR)

JUDGE

Sd/(VENKATESH NAIK T) JUDGE

RJ

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the civil contempt proceedings, instituted after expiry of one year from the date of the alleged contempt (the order dated 09.07.2021 in WP.No.12306/2021 (LA-RES)), are barred by limitation under Section 20 of the Contempt of Courts Act, 1971, notwithstanding the pending I.A.No.1/2023 for condonation of delay.medium confidence¶40
The court held
Keeping in view Section 20 of the Contempt of Courts Act, 1971 (limitation of one year from the date of the alleged contempt) and the Supreme Court judgment in S.Tirupathi Rao (para 53), the present contempt proceeding has no substance, and consequently stands disposed of along with any interlocutory application.ratio¶47

Cases cited

Colour shows how this judgement treated each authority

AI extract

S.Tirupathi Rao Vs. M.Lingamaiah and OthersRelied on¶43
2024 SCC Online SC 1764 · Who else cites this

Statutes considered

3 provisions across 2 enactments

AI extract

Contempt of Courts Act, 197111 and 12¶30 20¶40
Limitation Act5¶40

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 09.07.2021 passed by the learned Single Judge in WP.No.12306/2021 (LA-RES), vide Annexure-A, alleged to have been willfully disobeyed by the accused.¶35
High Court of Karnataka (learned Single Judge) · 09.07.2021
Prior proceeding
Compliance affidavit dated 02.07.2024 filed by the competent authority in relation to the order in WP.No.12306/2021 (LA-RES), as submitted by the learned AGA.¶39
Prior proceeding
I.A.No.1/2023 filed under Section 5 of the Limitation Act seeking condonation of delay of 169 days in filing the appeal; the Court instead referred to the limitation prescribed by Section 20 of the Contempt of Courts Act, 1971.¶40

Parties & counsel

AI extract

petitioner
Sri M Rudrappa, son of late Shivalingappa, aged about 72 years, R/at Nuggehalli Village, Santhebennur Hobli, Channagiri Taluk, Davanagere District¶11
Sri Siddamallappa P M
petitioner
Sri H S Rajappa, son of late Shivalingappa, aged about 66 years, R/at Nuggehalli Village, Santhebennur Hobli, Channagiri Taluk, Davanagere District¶12
Sri Siddamallappa P M
respondent
Sri T K Anil Kumar, Principal Secretary, Government of Karnataka, Department of Health, M.S. Building, Bangalore-560001¶17
respondent
Dr Selvakumar, Principal Secretary, Government of Karnataka, Department of Primary Education, M.S. Building, Bangalore 560001¶19
respondent
Sri Mahantesh Bilagi, Deputy Commissioner, Davanagere District, Davanagere 577002¶21
respondent
Smt Mamatha Hosagowda, Assistant Commissioner, Davanagere Sub-Division, Davanagere District, Davanagere 577002¶22
respondent
Sri Puttaraju Gowda, Tahsildar, Channagiri Taluk, Channagiri, Davanagere District - 577213¶23
respondent
Dr Ajay, Medical Officer, Nitigere and Nuggehalli Government Primary Health Centre, Nuggehalli, Santhebennur Hobli, Channagiri Taluk, Davanagere District- 577131¶24
respondent
Smt Suma, Head Mistress, Government Lower Primary School, Nitigere and Nuggehalli, Santhebennur Hobli, Channagiri Taluk, Davanagere District - 577131¶25
respondent
State of Karnataka, rep. by its Principal Secretary, Revenue Department, M.S. Building, Bangalore-560001¶26
Smt Namitha Mahesh B.G

Coram

AI extract

Hon'ble Mr Justice K. Somashekarauthor¶34
Hon'ble Mr Justice Venkatesh Naik Tmember¶32

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Jan 2025 · January
Registered: 28 Mar 2023
Case no.: CCC/324/2023
CNR: KAHC010164782023
Topic: Contempt of Court
Bench: K.somashekar Venkatesh Naik T
Disposal: DISPOSED
Case type: CCC

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Cite this judgement

Sri M Rudrappa v. Sri T K Anil Kumar, CCC/324/2023 (KA), decided on 6 January 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

S.Tirupathi Rao Vs. M.Lingamaiah and OthersRelied on¶43

Open Authorities

Statutes3

Contempt of Courts Act, 197111 and 12 · 20
Limitation Act5

View all statutes

Procedural history3

Order dated 09.07.2021 passed by the learned Single Judge in WP.No.12306/2021 (LA-RES), vide Annexure-A, alleged to have been willfully disobeyed by the accused.High Court of Karnataka (learned Single Judge) · 09.07.2021
Compliance affidavit dated 02.07.2024 filed by the competent authority in relation to the order in WP.No.12306/2021 (LA-RES), as submitted by the learned AGA.
I.A.No.1/2023 filed under Section 5 of the Limitation Act seeking condonation of delay of 169 days in filing the appeal; the Court instead referred to the limitation prescribed by Section 20 of the Contempt of Courts Act, 1971.

View full history

Bench / Coram

Hon'ble Mr Justice K. Somashekar and Hon'ble Mr Justice Venkatesh Naik T

Parties & counsel