Disposed¶41

M Krishna Murthy v. Tushar Girinath

Karnataka HC29 Jan 2025CCC/531/2023

Case brief

AI extract

What is this about?

Keywords: civil contempt; Contempt of Courts Act 1971 Sections 11 and 12; BBMP; Bruhat Bengaluru Mahanagara Palike; Commissioner; Executive Engineer Malleshwaram; non-compliance of writ order dated 16.01.2023; W.P.No.35059/2018; W.P.No.40447/2017; contractor representations for bills; Annexures dated 11.08.2017; compliance affidavit; endorsement dated 10.08.2023; Justice N.Nagamohandas Committee; irregularities, fraud and connivance; contempt dropped; liberty granted; Karnataka High Court Division Bench; CCC 531/2023; K. Somashekar J.; Venkatesh Naik T J.; complainant M. Krishna Murthy.

What did the court decide?

Contempt proceedings against respondent/Accused No.1 dropped; liberty granted to the complainant as sought. ¶41

M Krishna Murthy Vs Tushar Girinath — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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. 531 OF 2023

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BETWEEN:

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M. KRISHNA MURTHY, S/O. LATE MUNISWAMAPPA, AGED ABOUT 63 YEARS, R/AT NO. 88, 8^TH CROSS, MALLESHWARAM, BENGALURU 560 003

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…COMPLAINANT

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

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AND:

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TUSHAR GIRINATH

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, NEAR HUDSON CIRCLE, BENGALURU 560 002.

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B.S. JAYASHANKAR, THE EXECUTIVE ENGINEER, BBMP, MALLESHWARAM DIVISION, BHASHYAM PARK,

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NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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SOUTH CENTRAL STREET, BENGALURU 560 001.

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…ACCUSED

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(BY SRI. S.H. PRASHANTH, ADVOCATE FOR A1; SRI. N.K. RAMESH, ADVOCATE FOR A2)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.35059/2018 DATED 16.01.2023 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, 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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ORAL ORDER

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

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This contempt proceedings has been initiated by the complainant for implementation of the orders passed by the Learned Single Judge on the writ side in W.P.No.40447/2017 with connected matters, dated 16.01.2023, vide Annexure-A. However, the learned

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3 - NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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counsel for the complainant in this matters submitting that even though the orders passed by the learned single judge, the same has not been complied but it appears to be disobedience of the orders.

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Whereas in this matter, in para - 6 in detail, it is indicating that the issues in between the complainant and respondent as to where the proceedings have been initiated later in the final bills are not settled. Therefore, the respondent / BBMP is directed to consider the representations at Annexures-A, A1 and A2, all are dated 11.08.2017, in the connected writ proceedings. However, the Annexure-C dated 16.10.2017 in W.P.No.35059/2018 and inclusive of Annexure-D and so also Annexure-E and Annexure-F and Annexure-G and these are all Annexures documents has been indicated specifically in para - 6 of the orders rendered by the Learned Single Judge on the writ side. But W.P.No.8447/2021 and W.P.No.15203/2022 and inclusive of the proceeding in W.P.No.21633/2021 the petitioners have not filed any representation that they are

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NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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at liberty to submit their representation to consider their bills and if such representation is made the respondent - BBMP shall consider the same.

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Whereas the learned counsel namely,

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Sri.S.H.Prashath, for respondent / Accused No.1 / BBMP

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has filed a compliance affidavit in detail and that affidavit consists Para No.1 to para No.3 and whereas para - 2 of this compliance affidavit reveals as in pursuant to the order dated 16.01.2023 passed in W.P.No.35059/2018, the representation filed by the complainant was considered and it was found that the work executed by the complainant was the subject matter of enquiry before the Committee constituted under the chairmanship of Justice.N.Nagamohandas. In the report of the Committee, it is noticed that the works executed by the complainant namely, M.Krishnamurthy was tainted with irregularities, fraud and connivance. As the complainant's name is found in the enquiry report, the payment cannot be made as sought for by the complainant and the same is rejected.

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5 - NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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An endorsements dated 10.08.2023 to this effect was also sent to the complainant which was rejected. The true copy of the same is produced herewith as Document-No.1 for the purpose of perusal in this matter.

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However, the endorsement dated 10.08.2023,

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issued by the BBMP is also produced by the learned counsel for consideration. Therefore, keeping in view the status and also keeping in view the compliance affidavit made by accused No1. / respondent No.1 is concerned, it is deem it appropriate that this contempt proceedings does not survive for consideration and consequently, no ability by a person as he is genuinely unable to comply with the court order. Therefore, keeping in view the compliance affidavit made by the learned counsel for the respondent / accused No.1 is concerned, this contempt proceedings do not survive for consideration and the action against the respondent / accused No.1 and consequently, the contempt proceedings are hereby dropped.

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NC: 2025:KHC:4006-DB CCC No. 531 of 2023

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In the meanwhile, for completion of the dictation which is made and also based upon the submission of the learned counsel for the complainant and learned counsel for the respondent / accused No. 1 and wherein the learned counsel for the complainant seeking some liberty and therefore the liberty is granted as sought for.

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Sd/-

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(K.SOMASHEKAR) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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JJ List No.: 1 Sl No.: 11 CT:SNN

M Krishna Murthy v. Tushar Girinath

Case brief

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M Krishna Murthy v. Tushar Girinath

Case brief

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